- Contents: A list of the topics
- Bullet points: Short explanations of the topics
- Longer explanations and links on some (not all) topics.
- Inclusionary Zoning — easy to correct (GP)
- Protect the linear park and “woonerf” (GAP)
- Ministerial Review (GAP)
- Remove “LU-9” Implementation Measure for upzoning of Bayview, Sunset, Northtown, upper I & J Streets neighborhoods. (GP)
- Consider removal of LU-1f “Development of a diversity of housing types.”
Also significant — and some are easy to change
- Protect the L Street corridor trail — General Plan Policy CM-5e-7 — quick and easy to correct (GP)
This change is very easy and will greatly help public perception. - Environmental Impact Report issues. States requiring central air conditioning as mitigation for traffic noise. Numerous errors of fact. In terms of a potential lawsuit, I believe the existing Final EIR is vulnerable.
- No requirement for indoor bike storage / secured bike parking — quick and easy to correct (GAP)
Increase the requirement for short-term bike parking (currently inadequate) (GAP) - “Tenement housing” policy — quick and easy to correct (GP)
- Gateway Area Plan policies that were transferred to the General Plan — some need re-wording (GP)
- IMPORTANT: In my view any Gateway-worded policies that are in the General Plan should be re-worded or removed before the 5-person City Council has any discussion on the General Plan.
As long as there are Gateway-specific policies that were transfered to the General Plan and not re-worded with general City-wide wording, the City is vulnerable to a negation of the approval vote, on the basis of disregarding the FPPC recusal rulings. The word “Gateway” and Gateway-appropriate policies can be in the General Plan, of course.
But a policy cannot,
in my view, be worded as it had been — as though it were in the Gateway Area Plan. Such as General Plan policy D-8n: “Through the Gateway Area community benefit program, allow increased development intensity and simplified development processes for projects that provide….” In my viewthat is worded as a policy for the Gateway area only.
- IMPORTANT: In my view any Gateway-worded policies that are in the General Plan should be re-worded or removed before the 5-person City Council has any discussion on the General Plan.
- Overall notes and comments
- There are no currently no specifics on Inclusionary Zoning.
- The Council has agreed on the actual numbers, so adding Inclusionary Zoning should be easy.
- The Community Development Director wants the specifics of Inclusionary Zoning to be in the Land Use Code. This is okay.
- What would work is a clearly-written Implementation Measure for adding Inclusionary Zoning to the Land Use Code.
- Possible wording for this Implementation Measure is below.
- The intention must be clear.
- The Director may say that an Implementation Measure is not needed. In my view, it is absolutely needed. Without it, you have nothing. The Implementation Measure should be declared as immediate.
- This has been discussed many times. The current Gateway Code gives no protection to the L Street linear park and woonerf area.
- The “woonerf” section of the L Street corridor linear park needs to be defined, with aims and goals.
(Note: The way we’ve been using “woonerf” here in Arcata is not strictly speaking what a woonerf is. We can discuss this at another time. I believe many of us are in agreement about what we are looking for Arcata for this.) - The article on Arcata1.com that speaks to this is:
A successful woonerf and linear park in the L Street corridor needs Gateway Code policies
arcata1.com/a-successful-woonerf-and-linear-park-in- the-l-street-corridor-needs- gateway-code-policies/
Note: That article calls for commercial storefronts along the woonerf section. That may not be feasible, and I will modify that suggestion. - A simple change will go a long way. In my view, more is required — but what’s outlined below would be a big improvement.
- A system for partial protection of the linear park already exists in the Gateway Code but is not now applied to the linear park.
- It is written for “Privately Owned Publicly Accessible Open Space” but could apply to the woonerf section of the L Street corridor.
- Please see: “Figure 2-61: Privately Owned Publicly Accessible Open Space” in the Gateway Code. See page 60 in the current “May 14, 2024 v2 Resolution No. PC-24-05” version.
www.cityofarcata.org/DocumentCenter/View/14200/ Gateway-FBC20240514_PC-Adopted or
arcata1.com/general-plan-gateway-area-plan-gateway- code-latest-versions/#gateway- code
Paragraph 8 starts with “In order to activate and enliven open space areas, the following shall be required on sites with ground-floor non-residential uses.” - This change would still not project the L Street corridor linear park and woonerf from solar shading caused by adjacent taller buildings. More work will be needed. But it would be a start.
- Consider having creation of the Linear Park and Woonerf area as an Implementation Measure in order to be certain that the needed protections take place.
- Solar shading of the linear park is not a theoretical matter. In my view, this is not a question of a “trade-off” or an accommodation for providing housing. If the L Street linear park is in shadow for all but a few hours of the day — Spring, Summer, Fall, Winter — thenin my view we will have failed to create and preserve a vital, vibrant, wonderful area of Arcata.
- This is a large issue, and can be put off until the June 5 meeting or longer if needed.
- As the change to the Gateway Code states, the Zoning Administrator (David Loya) would be the single person approving 4-story buildings.
- For almost a year, it was set that 4-story buildings would go to the Planning Commission.
- Despite the Planning Commission Chair stating that this would not be changed, it was changed.
- The change was made by the Community Development Director, without any discussion with the Planning Commission.
- The change was likely made to clear up a poorly-written section of the Gateway Code.
- The change is not shown as a “tracked change” in the Gateway Code document.
- To make such a substantial change without having this be clear to the PC and the Council is a very bad process.
- In my view: For at least five projects or five years — or longer — all Gateway projects should come before the Planning Commission. There is very little downside to this, and much strength for improvements to the projects. See below for more on this. It is likely the Community Development Director will disagree — but for different reasons than what I am talking about.
- By having this as an Implementation Measure, it is almost guaranteed that this will be accepted as General Plan policy.
- In my viewthis should be the other way around. I suggest removing this from the General Plan as an Implementation Measure. The General Plan can be amended to include this re-zoning later if a future Council so wants.
- As it is, it would be very easy for a Planning Commission two years from now enact this Implementation Measure. To include this as an Implementation Measure would show the Council’s support of it.
- This measure would allow four and possibly five-story (with State density bonus for low-income student housing) buildings in a Neighborhood Conservation area.
- The clause “Rezone in Neighborhood Conservation Areas should recognize key design characteristics of these
neighborhoods.” has already proven to be easily over-ridden and of very little value. - Even more important and more likely in my view is the addition of “Local” or “Neighborhood-serving commercial uses” includes convenience stores, hair salons, coffee shops, small retail stores, sandwich shops and restaurants, and so forth.
These would be approved, likely, by the Zoning Administrator. If an existing single-family rental home were to be converted to a coffee shop/sandwich shop (open 12 or more hours a day) or to office use, the neighbors would not even have to be informed, as the change would be permitted. - For a fictitious representation of what four-story buildings might look like in the Bayview neighborhood, see:
Four-Story Buildings do not belong in the Bayview, Sunset, and Upper I & J Street Neighborhoods
arcata1.com/no-4-story-buildings-in-bayview-sunset-i- j-streets/
- This policy calls for “an appropriate balance between single‐family housing on individual lots and multi‐unit housing types.”
- This is a carry-over from the General Plan 2020.
- In my view, this policy is obsolete and invites liability.
- In my view this cannot possibly be accomplished as described.
- In my view this is essentially an invitation to a future lawsuit from the Realtor or builders associations.
- Please consult with the Community Development Director on any potential downside to just removing it entirely.
- This is a very minor issue — and quick and simple to fix.
- This changewill greatly help public perception.
- The current policy looks as though it protects the L Street trail. But as it is worded, it does not.
- The “no net loss of trails” part of the policy is very good. The Council has already voiced your support of that. But when wording on the L Street trail was inserted into the policy, it was not written so as to absolutely prevent that trail from being moved.
- In my view, it is very unlikely that the L Street path will be moved. So why not put this into writing?
- In the interest of reducing the anxiety of people who are currently upset, Policy CM-5e can be easily modified. Adding or changing ten words or so will take the Council three minutes to accomplish. If you choose to do this before oral communications, it will save time, I would think — and change complaints into gratitude.
- Suggested alternatives for changes to the wording of this policy are below.
- There are too many errors in the Draft EIR and Final EIR to list here — errors of fact.
- In my view this is a highly potential “attack point” for the City’s vulnerability to a future lawsuit.
- It is clear from the timing and lack of discussion that the Planning Commissioners did not review the Final EIR document.
- As just one example, the EIR recognizes that traffic noise may have already exceeded allowable standards in certain sections of Arcata, including along Alliance Road and K Street. What is proposed as a “mitigation measure” is to have the the developers — at their expense — do an accurate sound-level measurement survey (which the EIR engineers did not do — instead they relied on data from 1997). And then — and I am not making this up — require the building’s developer to install a central air conditioning system…so that tenants can keep their windows closed, in order to keep the noise out.
This is wrong on so very many levels, not the least of which is climate-change issues from energy use from air conditioning.
A more appropriate mitigation measure would be to have the traffic on Alliance and K Street slow down. Lower speeds equate to less traffic noise. But that is not what the EIR supplies as a mitigation. - The Environmental Impact Report is deficient in dozens of ways. It is just a report, and does not have to be factual. But: By voting on it and certifying it, the City Council is attesting to your approval. If that’s not what you want to do, then schedule an extension to study this further.
3. No requirement for Indoor bike storage / secured bike parking — quick and easy to correct
Increase the requirement for short-term bike parking (currently inadequate) (GAP)
- The Gateway Code does not require indoor bicycle storage for tenants or employees.
- The Community Development Director told the Planning Commission that indoor storage was required, multiple times. This was not true.
- In the current Code, all that’s required is that there be a security camera. It is not even required that there be a fence.
- How this got past the bicycle-advocate community here in Arcata is a mystery to me.
- To see pictures of what indeed is possible according to the Gateway Code, see What does the Gateway Code say about Tenant and Employee bicycle parking? arcata1.com/gateway-
code-tenant-employee-bicycle- parking/ - Short-term bike parking (restaurants, stores, friends visiting, office visits, etc) is inadequate.
- A 2,000 sq.ft. restaurant that could hold 80-100 diners would be required to have only 4 bike parking spaces. For the staff of that restaurant, it would require only 1 space. In my view this sends the wrong message about what we are promoting in Arcata on bicycle use.
4. “Tenement housing” policy(GP)
- Very simple to correct.
- The LU-2b policy had said:
“Tenement housing shall be allowed in zoning districts where applicable.”
The City Council wanted this line removed. Instead, this was incorrectly changed to:
“Co-housing shall be allowed in zoning districts where applicable.”
- We all agree that “tenement” is a terrible choice of words. There is a definition of “tenement housing” that fits what the policy refers to, but it’s a non-typical use.
- “Co-housing” is not what this is. That is an error.
- What this policy is referring to is: Housing that has a shared bathroom and, optionally, shared kitchen arrangements. Some SRO housing is in this category, but not (I think) all SRO housing.
- In my viewthe concept for this style of housing is sound. As a personal aside, I lived in a “no kitchen at all, bathroom down the hall” long-term hotel housing as a community college student in my 20s for 1-1/2 years, and it worked great for me. I’m very fond of this style of housing as an economical alternative.
- It can be put in the General Plan as just what it is:
“Housing that has a shared bathroom and, optionally, shared kitchen arrangementsshall be allowed in zoning districts where applicable.” - The Community Development Director may say that this is already allowed, and does not have to be concretely stated. In my viewthere is a definite advantage to stating this explicitly.
- There were (I think) 86 or 87 policies that were developed for the Gateway Area Plan that were transferred to the General Plan.
- Some require further re-wording, as they still are worded as specific to the Gateway area.
- Examples include D-8n and D-9o (General Plan page 5-17, PDF page 212)
- As the Council knows and has discussed, there are four Opportunity Zones, of which the Gateway area is one. In time, each will have their own individual form-based code and (likely) community benefits program. Policy LU-1y states this clearly.
- Therefore, any reference to “the form-based code” or “the community benefit program” as a singular (not plural) code or program needs to be corrected. Examples are: LU-3f, LU-1t, 5.2 Policies. Gray areas (could be improved) include LU-1aa, D-8, D-8a, and the Contents. Correct usage is LU-1y.
This is non-negotiable. In my view it is a matter of simple English. The Community Development Director has disagreed.
- IMPORTANT: As long as there are Gateway-specific policies that were transfered to the General Plan and not re-worded with general City-wide wording, the City is vulnerable to a negation of the approval vote, on the basis of disregarding the FPPC recusal rulings. The word “Gateway” and Gateway-appropriate policies can be in the General Plan, of course. But a policy cannot, in my view, be worded as it had been — as though it were in the Gateway Area Plan. Such as General Plan policy D-8n: “Through the Gateway Area community benefit program, allow increased development intensity and simplified development processes for projects that provide….” In my viewthat is worded as a policy for the Gateway area only.
- What I have listed here are not all the issues in these documents. As I have noted elsewhere, the Gateway Code was in many ways written in an imprecise and sloppy manner. Some of that has been corrected and some not.
- There are a variety of policies and topics that in my view do not reflect the discussions of the City Council and of the Planning Commission — and particularly do not reflect the conversations and recommendations of some City Committees.
- I have noted in this memo some of the areas in which in my viewthe City is opening itself to potential future legal action. Much of these vulnerable areas can easily be fixed.
- While there has been much commendable effort to remove misspellings, typographical errors, and other accepted English-language efforts from these City documents, some still remain.
- There are still a substantial number of factually-incorrect statements and information in these documents. Whether this matters or not is up to the Council. For example, to refer to the Tom Perrett’s Tomas / Open Door Clinic building as “a one-story metal industrial building” is about as false a description as it can be.
- It is my view that the Planning Commission has not done its job. They have not supplied you, the City Council, with documents that can be approved. In my view this has made your task a great deal more difficult. Your choices include:
- Noting what you want changed, and returning the documents to the Commission.
- Making the changes you’d like to see on your own.
- Accepting what are in my view deficient documents.
- A blend of the above.
- Over this past time of over two years, the Community Development Director has made notes about revisions and additions as discussed by the City Council and the Planning Commission.
- In what I regard as a too-great number of cases, the revisions he has made to the General Plan and Gateway Area Plan documents were deficient or incorrect.
- In my viewit has been far too often the case that in those areas where he disagreed with the decisions of the Council or Commission, there were errors, omissions, or a complete disregard for decisions of the Council or Commission. This can be documented.
- In my viewI regard this a very unfortunate situation. This is why, in my view, I do not regard the Community Development Director as reliably interpreting the decisions of the City Council or Planning Commission.
- This can be seen in small items — such as the Council’s directive to remove the line on “Tenement housing” and seeing the Director instead insert “Co-housing” as his choice of wording — and on very large matters — including a failure in my view to adequately plan for the Linear Park and Woonerf in the L Street corridor.
Foremost of what is absent is any specifications on Inclusionary Zoning. The Council has agreed on the actual numbers, so adding Inclusionary Zoning should be easy. The Community Development Director wants the specifics of Inclusionary Zoning to be in the Land Use Code. The Land Use Code is not being discussed at this time.
Revise the City’s Land Use Code so that land use regulations provide for Inclusionary Zoning in a manner that is consistent with figures and specifications as determined by the Community Development Department and City Council.
Time Frame: Year 1.
The land use plan map shall provide enough land in the various residential use categories to allow for development of a variety of types of new housing units and residential environments. The purpose shall be to achieve an appropriate balance between single-family housing on individual lots and multi-unit housing types.
Land Use Element, page 2-9. Highlighting added.
The land use plan map shall provide sufficient quantities of land in the various residential use categories to allow for development of a variety of types of new housing units and residential environments. The purpose shall be to maintain an appropriate balance between single-family housing on individual lots and multi-unit housing types. The City shall encourage residential developments which collectively provide a variety of choices
1. Protection of the L Street corridor trail — General Plan Policy CM-5e-7 (GP)
“This policy specifically does not allow sections of Class I trail in the L Street Corridor to be relocated or removed from that L Street Corridor, unless it is to be replaced with separated bicycle and pedestrian pathways within that same corridor.”
Or simpler:
“The L Street corridor trail will not be relocated or removed out of the L Street corridor.”
Or even simpler:
“The L Street corridor trail will not be relocated.”
But there is some ambiguity here, in that “relocated” could mean just moving it a foot or two. So the 2nd wording is probably better.
Since the City (and David Loya) seem to be absolutely positive that the L Street Linear Park pathway will not be removed or relocated, it would make sense to add one sentence to the Policy so that any future reader knows exactly what is allowed and what is not allowed. It could be argued that the section of the Great Redwood Trail system that will be running through the L Street corridor will not be removed or relocated.