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Op-Ed Article Why I’m Voting No on V by John Hutt
While the goals of Measure V are laudable, it falls short of its mission. In the end it would make things worse, not better. Measure V is full of loopholes, problematic provisions and ambiguities that would lead to regrettable downtown development and increased litigation costs for the City.
Ignore the wild claims and mudslinging of some on both sides of Measure V and focus on the measure itself. Measure V does two things: first, it amends the General Plan and zoning code to regulate height and residential density in the downtown area, and second, it requires a citywide vote to change such regulations. That’s all it does, and it does so poorly. It doesn’t require any setbacks, preserve view corridors, limit building mass, encourage good design, preserve historic buildings, limit commercial development, or allow for project-specific voting.
Height
Measure V limits height in downtown to 30 feet or two stories. Sounds simple, but it’s not – because how height is measured is as important as numerical limits. Measure V incorporates our outdated system of measuring height, loopholes and all. For example, Section 511 of Measure V allows “basements” in addition to two stories, so long as at least half of the basement is less than six feet above grade. To the normal eye, this looks like three stories – because it is. To me, this is the biggest loophole in our entire zoning code – and Measure V would permanently enshrine it in our General Plan and zoning code absent a vote of the entire City to change it.
The flipside is that Measure V does not allow any deviations from its height limits, no matter how standard. This is contrary to Section 17.36.100 of our zoning code which limits structures to 30’, but allows an additional 12’ for appurtenances. This provision has been in the code since at least 1988 and probably since the town adopted zoning in the 50s. It is also the norm for commercial zoning codes. So if you want to rebuild your historic facade or church steeple, add architectural features to provide interest to the roofline, have an elevator for handicap access, or simply put air conditioners on the roof, too bad. None of these are allowed under Measure V, not even with a variance.
Density
Measure V limits residential density in the downtown to 13 residential units per acre. This is the base density under the General Plan for multi-family developments. Seems reasonable enough, but the devil hides in the details. Both the General Plan and zoning code provide for increased density for good design. Measure V does not.
Additionally, both the Land Use Element and the Housing Element of the General Plan encourage residential development in downtown, with the Housing Element contemplating residential densities of 20 to 30 units per acre on East Montecito Avenue. What would this level of density look like? Drive Sierra Madre Boulevard and you will see. Most of these apartment buildings and condos predate the 1996 General Plan, and are in excess of 20 units per acre.
The inequity of Measure V is illustrated by a project that the Planning Commission recently reviewed. It proposed three residential units on a standard lot on East Montecito. 13 units per acre equates to 2.9 units for this lot, which Measure V would round down to two units. A nearby resident complained that the project was too dense because it exceeded Measure V’s limits, but failed to mention that her condo complex has a density of 21.8 units per acre.
Inadequacy of Height and Density as Regulating Tools
So Measure V has some problems, inequities and loopholes in the way it regulates height and density. I could live with this if it resulted in superior downtown development, but it doesn’t. Quite the contrary, Measure V would result in squatty, boring buildings. Although Measure V limits building height, it doesn’t limit building mass or scale, nor does it require buildings be set back from property lines or preserve views. It limits the number of residential units, but it does not limit their size, nor does it place any limits on commercial development. Nor does Measure V have any provisions to encourage or require good design or historic preservation.
Here’s an example: compare the recently developed project on East Montecito to the Old North Church. Sitting on the eastern property line of the Montecito project is a windowless, thirty-foot high wall that extends the entire length of the property. This is allowed under Measure V. Alternately the Old North Church is set back from its property lines, its overall mass compared to its site is less than the Montecito project, and it affords views of the mountains. Nonetheless, it would not be allowed under Measure V because its steeple exceeds 30 feet.
Proposed Projects & Potential Litigation
Some claim that Measure V would stop the proposed Howie’s Market and Skilled Nursing Facility projects. It tries to, but fails. Measure V purports to regulate all new construction; however, state law generally requires developments be evaluated based on the rules in place at the time of application. Applications for both projects have already been submitted, so if the City tries to apply Measure V, expensive litigation will likely follow. Additionally, by reducing the density allowed under our state-approved General Plan Housing Element, Measure V would put the City in violation of state law. Moving density to neighborhoods outside downtown may be necessary to avoid conflict with the state.
Summary
I urge voters to ignore the hoopla surrounding Measure V and analyze its text. If you do, I believe you will join me in concluding that, though well intentioned, Measure V is a flawed proposal that will do more harm than good. There are many other aspects of Measure V that the space graciously afforded me here does not allow me to address. If you would like to discuss these issues, please call (355-7600) or email (johnhutt@earthlink.net). |
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