06 New Harmony Project - City Council - City of Davis

New Harmony Apartments – PA#61-07
Existing affordable housing at adjacent Owendale site;
Overconcentration of affordable housing in neighborhood;
Existing problems with crime in the neighborhood;
No assurance about the quality of future management; and
Inappropriate design.
Supporters of the project also spoke and cited:
Need for low-income housing the community;
Excellent project design;
Mutual housing model that involves residents and works to build their skills;
Health effects faced by eligible families and children living in poverty and poor housing
elsewhere;
Examples of high-quality affordable housing also managed by SMHA in the city;
Benefits to the community;
Contribution by the project to school and road fees;
Question the validity of the assumption that the project would lead to more crime;
Many residents at other affordable sites are struggling students; and
Responsibility to all members of the community.
Appeal of Planning Commission Denial
The applicant submitted an appeal to the City Council of the Planning Commission’s denial of
the project in accordance with City requirements. The project includes amendments to the
General Plan and Specific Plan and a rezone that would require City Council approval. The
appeal included additional information and analysis provided by the applicant and their
consultants (Attachment 7)
The basis of the appeal cited by the applicant includes:
1. Inconsistency with the following:
The City General Plan, including the Housing Element;
The City Municipal Code, including Chapter 40;
The Housing Accountability Act (Gov’t Code Section 65589.5); and
The anti-discrimination provisions of Gov’t Code Section 65008.
2. The action is not supported by adequate findings supported by evidence.
3. The Planning Commission did not proceed in the manner required by law.
The applicant noted in their appeal that the Planning Commission did not indicate any concerns
about the project design, sponsor qualifications, or need for the housing type. The applicant also
stated that the Commission relied too heavily on the general health findings of the Lancet study
conducted in Southern California. In contrast, the Health Risk Assessment (HRA) prepared for
the project used an accepted methodology incorporating site-specific data to evaluate health risks
from air pollution for cancer-related and general health risks. It provided quantifiable, sitespecific
results that indicated potential health effects would not be significant.
Denial of an Affordable Housing Project
The findings necessary to deny an affordable housing project are set forth in Government Code
Section 65589.5. The findings are specific and intended to prevent discrimination against
affordable housing projects. The City cannot disapprove an affordable housing project unless it
10/07/2008 City Council Meeting 06 - 4