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Ministerial Review in the Gateway Area Plan

Ministerial Review is a key ingredient of the Gateway Area Plan. Ministerial Review can include the review and approval of Gateway projects that are submitted by developers in two forms:

  • By a single person — the Zoning Administrator — with no opportunity for public involvement.
  • By the full Planning Commission, with the involvement of the Community Development staff, the full 7-person Planning Commission, and the public.

If the proposed building project meets Arcata’s development codes, by State law it must be approved. The question at hand is no t whether or not the project will be approved. Rather, it is where there will be an opportunity for the project to be improved — whether or not to allow the input from the Planning Commissioners and members of the public to review the projects and offer their suggestions.

Here are some articles about Ministerial Review.  More will be added, so be sure to return to this page to see what’s new.

 

Ministerial Review in the Gateway Area Plan

Gateway Ministerial Review and what it means for you

Key to the success of Arcata’s Gateway Area Plan is the quick and certain approval of all projects that meet the standards of the Gateway Code. The current draft has new Gateway buildings up to 37 feet tall – that’s three-stories, generally – being seen only by the Zoning Administrator. This one person would have complete authority to approve new projects. There would be no public hearings for these approvals.

Criteria for Zoning Administrator approval be 4,000 sq.ft. — not 40,000 sq.ft.

I propose: that the criteria be much lower for Planning Commission review. Such as: PC review required for anything over 4,000 sq.ft. building area. Or: PC review required for everything (except for the simplest of projects, to be defined). How would this work? The Julian Berg Valley East project took 31 minutes to be approved. If a project is well-designed and adheres to the Form-Based Code, then approval by the Planning Commission would be smooth sailing.

Four-story hotel approved by David Loya and not approved by the Planning Commission? It’s possible.

According the procedures of the draft Gateway Code, a four-story hotel project with 85 rooms could be approved by a single person -- the Zoning Administrator. As such, the project would never be seen by the Planning Commission. A hotel of this size could, by code, have a parking lot with 3/4 acre of asphalt.

Planning Commission or 1-Person review?

Which does Arcata want? Ministerial review, to smooth the way for developers, or Planning Commission and public input, which allows for greater oversight? We can have both.

Learning about Ministerial Review

Ben Noble Form-Based Code presentation – June 29, 2022 – Part 3 Ministerial Review

This is a 14 minute section of the one-hour presentation by Ben Noble, from June 29, 2022. This section includes Ben's description of of the Ministerial Review permitting process.  A link to the full presentation is included.

Ben Noble Form-Based Code presentation – June 29, 2022

Here is a one-hour presentation on what a Form-Based Code is, some background of its development, some examples nationally, some Northern California examples, and the nature of the Ministerial Review permitting process. 

Redwood City has PlanComish review

Redwood City's Downtown Precise Plan was adopted in 2011, after three or four years of development.  It is helpful to us because it incorporates a well-designed Form-Based Code -- and has a blend of Discretionary Review and Ministerial Review.

Arcata Fire District tells the Council: No building permits, no occupancy of 4-story and taller buildings, please

At the April 9, 2024, Arcata Fire District's Board of Directors meeting, the Board discussed and approved a letter to be sent to the Arcata Mayor and Arcata City Council. That letter is re-printed here ----This letter formalizes and re-states what the AFD has been telling the City Council over these past two years. At the current time, the AFD cannot ensure the safety of people living in a building that is over 40 feet tall, which would be a three-story building.

Ministerial Review results in other locations

Meriam Park, Chico: Where Form-Based Code didn’t work out so well

Why the Chico Meriam Park development in Chico is a terrible example of Form-Based Code

“Mio” apartments in Seattle — Density of 205 units per acre

Reading time: 5 minutes -- The "Mio" apartments in Seattle are 41 units with a density of 205 units per acre. I present it here not as something we can copy for Arcata, but as an example of what can be done. I do not like all of the design choices, nor believe that this design in its entirety would be suitable for us. Yet I feel we can learn and profit by looking at its design.

Lessons from a Modern Master of Low-Rise Housing

Good design is the make-or-break element on whether dense housing is livable and uplifting or whether it feels packed and depressing. Affordable housing should not be burdened with poor design. And just because we are in need of housing here in Arcata does not mean that we should accept poor designs and general unawareness of the human needs for enjoyable living spaces. Reading time: 9 minutes.

Louis Sauer, architect: Low-rise dense housing in an urban setting

Reading time: 5 minutes -- The architect Louis Sauer specialized in high-quality, high-density, low rise housing. His urban designs were typically just three stories tall, with configurations of intertwined townhomes, set in patterns so that each home had a separate and private yard. 

America’s New Apartment Buildings Look the Same

LONG ARTICLE *** These buildings are in almost every U.S. city. They range from three to seven stories tall and can stretch for blocks. They’re usually full of rental apartments, but they can also house college dorms, condominiums, hotels, or assisted-living facilities. Close to city centers, they tend toward a blocky, often colorful modernism; out in the suburbs, their architecture is more likely to feature peaked roofs and historical motifs. Their outer walls are covered with fiber cement, metal, stucco, or bricks.

A vision of sustainable housing for all of humanity – Vishaan Chakrabarti

Vishaan Chakrabarti in a 10-minute TED talk. I believe that the answer is hiding in plain sight, that there is what I call a “Goldilocks” scale that sits between the scale of housing and towers: two- to three-story housing that should actually look very familiar to most of you, because we built the most beloved parts of our cities with it.

The State Density Bonus Law

State Density Bonus Housing Law — How it affects us here in Arcata

Reading time 12 minutes -- "Project proponents will be driven by the Density Bonus provisions. And our design standards and Community Benefits programs are unlikely to be implemented due to waivers and concessions." So said David Loya. We need to look at just how the State Density Bonus Law will affect the Gateway Area Plan, and what decisions can be made so we get housing built in the form that we want.

State Density Bonus Laws / Inclusionary Zoning / Community Benefits — David Loya presentation

“And our design standards and Community Benefits programs are unlikely to be implemented due to waivers and concessions.” --- Arcata's Director of Community Development David Loya has provided this video presentation of the various affordable housing programs. 15-1/2 minutes, July 28, 2023. VIDEO and full TRANSCRIPTION.

The Gateway Community Benefits program — Details of the “points” proposal

The Gateway Community Benefits Program is simple in concept. In order to construct a building higher than three stories -- and have it go through the streamlined "ministerial review" process -- a developer has to provide something for the community.  But the existing State Density Bonus laws may entirely subvert our Community Benefits program and render it meaningless.

Housing at reasonable rents in the Gateway proposal will not happen unless you demand it

If the Gateway Plan is not going to provide truly affordable housing for the people who need it, then what’s the point? --- If working people can’t buy a home and they can’t afford the rent, then we need to think this through more.

The Gateway Area Plan at 18 months: The Promises Still Seem Unlikely

Now at eighteen months from the introduction of the Draft Gateway Area Plan, the wonderful world that was promised by the plan seems ever more unlikely. I refer to that wonderful world of “thousands of housing units that are environmentally sustainable and affordable to people in all income ranges” and “a broad range of housing densities and types, including rental and owner‐occupied options” that is promised on the opening page of the Draft Plan and continued in that theme throughout the document. *** Let’s look at what’s been ignored over these past eighteen months.

Other articles

Four-Story Buildings do not belong in the Bayview, Sunset, and Upper I & J Street Neighborhoods

The LU-9 Implementation Measure in the draft General Plan would allow 4 and 5-story buildings in the Bayview, Northtown, Upper I & J Street, and Sunset neighborhoods. A rezoning would allow "Local-serving commercial uses such as corner grocery stores and coffee shops" throughout those neighborhoods. **** LU-9 does not belong in Arcata's General Plan **** WITH IMAGES OF WHAT COULD BE BUILT.

Do we want 5-story apartments in a residential neighborhood?

What happens when a city's zoning allows 5-story buildings in an established residential neighborhood? "When new residential architecture enters into an established neighborhood, the results are often unpredictable. The towering next door apartments upset the smaller scale of the older houses."***** "It makes me wonder if developers will eventually gobble up the remaining houses for nothing but apartments."

The Gateway Area Plan: A modest proposal

Partial build-out of the Gateway Area Plan. The Plan was finally adopted in 2031, following nine years of discussion and community input. A minor typographical error in the final version resulted in a 70-story maximum height, rather than the previously agreed-upon 7 stories. As anticipated, many developers opted to build smaller buildings than the allowable maximum.

What will get built?

How much Gateway housing, really? 3,500 … 500 … or none?

Are you looking for clarity about how much housing and what kinds of housing might come out of the Gateway Area Plan? Will it be 500 apartments built over a 20 years period? After all this work of developing the Gateway Plan, it is quite possible that very little Gateway housing will be built over the next five or ten years.

OLLI Presentation: The Affordable Housing Challenge – December 12, 2022

Danco president Chris Dart and Rural Communities Housing Development director Beth Matsumoto discuss the challenges of creating affordable housing. Chris Dart specifically discusses how buildings over 4 stories are not feasible, and that market-rate non-subsidized housing is a financial impossibility. Hosted by Jane Woodward as an OLLI "Brown Bag Lunch" Zoom presentation. With video and full transcription.

Arcata’s Housing Element calls for 20% affordable housing for the Gateway Plan. What happened?

Arcata's Housing Element specifies that 20% of the new apartments in the Gateway area be affordable at 80% mean income level. The current draft plan is satisfied with just 6%. Have we given up on seeing affordable housing in the Gateway area? Is the City of Arcata abandoning the requirements of the Housing Element? Reading time 4 minutes.

Townhouses and Condominiums

The Housing Market Needs More Condos. Why Are So Few Being Built?

The Gateway Area Plan's stated intent is to have "home- ownership opportunities" -- that is, condominiums -- in the Gateway Area. The share of condo units built for sale in 2021 was less than 5.4 percent, nationally. The rest were rental units. The shortage of condos adds to the lack of affordability in the homebuying market.

Research and Reports

The cost of Regulations when constructing new housing: How much, and how can it be reduced?

Basic reading time: 10 minutes -- The Gateway Plan and recent & upcoming State laws all will tremendously help with the regulatory costs of building new housing. Here in Arcata, the Gateway Area Plan is specifically designed to lower the regulatory and development costs of new construction. Includes a Terner Center report on state legislation and the real costs of housing.

US Congress Research reports: Housing Trends & Policy Considerations

Reading time: 5 minutes to an hour -- At their September 12, 2023, Planning Commission Yodowitz introduced a Congressional Research Report on housing. This article contains that 16-page report , excerpts, and commentary. Plus 3 shorter reports (3, 4, 5 pages) and links to the full 50-page report to Congress.

US Congress Research reports: Housing Issues report – July 14, 2023

Read time: Charts 2 minutes. Full report 60 minutes -- The report to Congress from June 2023 on housing. Includes 4 easy-to-view charts:  Median rent prices, Median sale prices, Mortgage rates, Consumer price index for Shelter expenses.

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David Loya on Affordability

More from David Loya

David Loya on Supply and Demand — and how that relates to Affordable Housing

"So the way that we add equity into our community... is by increasing the demand." David Loya speaks at the Feb 12 2022 Planning Commission on housing supply and demand. This article was originally written May 30, 2022 -- over a year ago. It exposes the vast misunderstandings and distorted viewpoints of David Loya, Arcata's Community Development Director, with regard to what determines the costs of housing. Please read and see if you can make any sense out of what Mr. Loya is proposing for Arcata.

David Loya on Affordable Housing – May 9, 2023 staff report to the Planning Commission

Affordable Housing, Home Ownership, and Gentrification were featured topics for discussion at the May 9, 2023, Planning Commission meeting.  But there was no discussion of affordable housing or home-ownership opportunities at that Planning Commission meeting.  No discussion at all -- just a staff report on this crucial topics. **** This is that staff report -- with COMMENTARY.

David Loya at the Environmental Planners workshop – November 10, 2020

Presentation by David Loya at a "brown bag lunch" November 10, 2020. Hosted by the  Redwood Coast Chapter of the Association of Environmental Planners / American Planning Association.  45 minutes.

David Loya on Home Ownership

More from David Loya

Condensed version of Complete Nonsense: David Loya’s May 23 Staff Report on Ownership Opportunities

Providing housing for people is the key purpose of the Gateway Area Plan. "Home ownership opportunities” is defined as owner-occupied housing that’s affordable to people of all income ranges, including middle-income and even lower-income households. *** David Loya told the Planning Commission how these home ownership opportunities could happen. In my view, what he describes as being feasible is nonsense.

Complete Nonsense: David Loya’s May 23 Staff Report on Ownership Opportunities

Providing housing for people is the key purpose of the Gateway Area Plan. "Home ownership opportunities” is defined as owner-occupied housing that’s affordable to people of all income ranges, including middle-income and even lower-income households. *** David Loya told the Planning Commission how these home ownership opportunities could happen. In my view, what he describes as being feasible is nonsense.

David Loya on Home Ownership – May 9, 2023

As David Loya puts it: The Gateway Area Plan has three primary means for increasing ownership opportunities. First, as the unit count in the area increases to meet the housing needs of the rental sector, new units with comparable rents to bedrooms in single-family homes that are older will attract the current market sector renting single-family homes. The single-family housing stock currently in the student housing market will become less attractive as an investment asset, and those homes will open to the for-sale market.

More Loya Nonsense: High Density Apartments will cause vacancies in Houses

Arcata's Community Development Director David Loya explains his version of how single-family houses will become available for sale. As more apartments are built, people will want to live in apartments and rental houses will become vacant, and the owners will sell. Could this be true?

Other articles

Berkeley modular “village” housing with rooftop garden

Garden Village is a 77-unit student-orientated apartment building located in Berkeley, California completed in August of 2016. Designed to echo the massing and rhythm of the community, the innovative design departs from the standard single-volume building. Instead, 18 distinct building volumes are spread out in a garden and linked by exterior walkways in a design that seamlessly integrates into the surrounding fabric of the community.

Windowless bedrooms? Sunlight is considered a luxury benefit

In recent years, windowless bedrooms have become somewhat normalized on college campuses. Students at the University of Texas, Austin and the University of Michigan are currently renting dorm bedrooms without windows. Sunlight in your bedroom could become a luxury as cities debate allowing landlords to rent windowless rooms in former office buildings to alleviate the housing crisis.

Pre-Fab Modular Housing – a dozen articles and more

Modular housing could be an answer to state housing crisis. A collection of articles from other sources, and lots of photos. Modules can be assembled into apartment buildings 40% more quickly and 20% cheaper than traditional construction. ------- From factories in Vallejo, Sacramento, Klamath Falls OR, Idaho, Canada, and China.

Does Building Luxury Condos Create More Affordable Housing?

This article is a re-print of the article of the same name in the July 25/August 1, 2022, issue of The Nation. It...

Three things California must do to address Affordable Housing

Changing the RHNA allocation and Tax Credits could do more to help build Affordable Housing. An article from The Marin Post.

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