Dear David, please post the following facts; first from the existing municipal code regarding affordable housing exemptions: and second, the PD zoning of the residential zone which lists many, many uses unaffiliated with the operation of the residences which are permitted commercial uses. Not just retail but offices, day care, rental agencies, bike repair, just to name a few. I would appreciate you providing these links when you write articles in the future regarding this issue. The $1,000,000 payable to affordable housing trust fund was not a requirement by code but was negotiated by the City Council even though the project was categorically exempt. Sincerely, Tim Ruff
I would also provide links to (1) Affordable Housing Ordinance http://qcode.us/codes/davis/view.php?topic=18-18_05&frames=off under exemptions. And (2) Nishi Zoning http://www.cityofdavis.org/home/showdocument?id=5197
Exemptions to affordable housing:
(b) Residential developments constructed as exempt condominiums are exempt from the requirements of this article.
(c) Residential components of a vertical mixed use development are exempt from the requirements of this article.
Approved Zoning: Purpose of Project:
- Develop a mixed-use project with an array of dense, efficient, urban housing types, as well as land for business opportunities
The subsection pertains to Sub Area A (Residential: Multi-family For Sale and Rental)
- Purpose. The purposes of Sub Area A (Residential: Multi-family For Sale and Rental) are as follows: to implement the policies and objectives of the Nishi Gateway Project Sustainability Implementation Plan; to support high density multi-family for sale and rental housing near UC Davis and Downtown Davis; and to enhance opportunities for multi-modal connectivity and improved quality of life for local residents.
- Permitted Uses. The principal permitted uses within Sub Areas A shall be High Density For-Sale Condominiums and Apartments. Up to 90 dwelling units per acre is allowed within this subarea.
- Accessory Uses. The accessory uses within Sub Area A shall be consistent with the accessory uses in section 40.09.040 (Accessory Uses: Residential High Density Apartment District) of the Zoning Ordinance, as amended from time to time. The permitted accessory uses within Sub Area A shall also include the following: a. Ground Floor Podium or Below-Grade Parking. b. Structured Parking. c. Home occupations, subject to the provisions of Section 40.26.150. d. Bicycle Storage and Bicycle Rental. e. Bicycle and Car Share Services. f. Farm Stand/Outdoor Market. g. Smaller scale ground floor retail commercial uses (e.g., less than 2,500 total gross square feet) that primarily serve the day-to-day needs of on-site residents and employees, rather than destinations that compete with downtown Davis businesses. These uses may include the following: i. Restaurants, cafes, bakeries (including indoor and outdoor seating areas), which may include sale and service of beer and wine; ii. Neighborhood-serving or employee-oriented retail and service establishments (i.e., printing and copying shops, drycleaners, bicycle sales and repair, beauty salons); iii. Daycare; iv. Nursery school; v. Health and fitness studios; and vi. Other appropriate supporting uses. h. Outdoor Entertainment, associated with Permitted Uses. i. Indoor and outdoor exercise areas and gymnasiums (commercial or noncommercial). j. Power Generating Facilities (solar and wind). k. Urban Agriculture. l. Small family and group day care homes, subject to the requirements of Section 40.26.270. m. Other accessory uses and accessory buildings customarily appurtenant to a permitted