Loading...
HomeMy WebLinkAboutExhibit A.2_Growth Management Review Criteria_Staff FindingsExhibit A.2 Growth Management | Review Criteria Staff Findings Page | 3 GROWTH MANAGEMENT QUOTA SYSTEM 26.470.040.I; Temporary uses and structures. The development of a temporary structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary Uses. Tents, external airlocks, and similar temporary enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 – Temporary Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review – Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The Applicant requests to install two temporary/seasonal use tents for up to 40 days per year from winter 2023 – 2024 through winter 2026 – 2027. These tents are intended to support operations of the Special Events Tent which is already approved for up to 40 days per year through winter 2026 – 2027. While mitigation will be assessed at the time of tent/building permit, it is worth clarifying how mitigation will be determined. Resolution #158, Series 2023, carries forward approval of the Special Events tent from previous years for the purpose of clarity. As represented in Table I of the resolution (below), a total of three tents are approved within the Fountain Courtyard, including the Special Events tent (carried forward from Council Resolution #128, Series of 2022) and the two additional tents requested as part of this application. While the Applicant reserves the right to reduce the number of structures proposed and the number of days for which the structures are installed, Staff recommends a condition requiring mitigation to be paid as a lump sum for all three structures for 40 days per year based on the dimensions established in Table I. Location Improvement Length of Time (Every 12-Months) Dimensions Fountain Courtyard Special Events Tent 40 days / year through winter 2026 – 2027 (Carried forward from Council Resolution #158, Series 2017 and Council Resolution #128, Series 2022) 3,960 sq. ft. Two Tents 40 days / year through winter 2026 – 2027 200 sq. ft. / tent Table I: Temporary/Seasonal Structures Proposed Per Resolution #158, Series Exhibit A.2 Growth Management | Review Criteria Staff Findings Page | 4 A credit of 14-days will apply to one of the three structures each year. Remaining structures will pay full mitigation and no credit will apply. Affordable housing mitigation calculation:  Special events tent (3,960 sq. ft.) for 40 days / year 40 – 14 (14-day credit) = 26 days 3,960 / 1,000 sq. ft. = 3.96 sq. ft. 3.96 x 4.7 FTEs = 18.612 FTEs generated 18.612 x 65% mitigation rate = 12.0978 FTEs generated if used 100% of the year 12.0978 / 365 = 0.03314466 daily rate 0.03314466 x 26 days = 0.8617611 FTEs 0.8617611 x $328,533 (Cat. 4 cash-in-lieu rate) = $283,116.958 $283,116.958 / 30 years = $9,437 due for mitigation of the structure for 26 days  Two smaller tents (400 sq. ft. cumulative) for 40 days / year As shown above, the 14-day credit was already applied to Special Events tent and does not apply to these structures. 400 / 1000 sq. ft. = 0.4 FTEs generated 0.4 x 4.7 = 1.88 FTEs generated 1.88 FTEs x 65% mitigation rate = 1.222 FTEs generated if used 100% of the year 1.88 / 365 = 0.00334795 daily rate 0.00334795 x 40 days = 0.13391781 0.13391781 x $328,533 (Cat. 4 cash-in-lieu rate) = $43,996,42 $43,996.42 / 30 years = $1,466.54 These figures were calculated using updated cash-in-lieu figures for Category 4 – and the methodology described in 26.470.090.F; Temporary Uses and Structures and are subject to change.