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Home My WebLink AboutR-11076 approving modifications to 774 Caudill Street (AFFH-3142-2016 & MOD-0775-2019)RESOLUTION NO. 11076 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE MODIFICATIONS TO COUNCIL RESOLUTION NO. 10734 (2016 SERIES) OF A PREVIOUSLY APPROVED PROJECT AT 774 CAUDILL STREET, TO REFLECT CHANGES IN THE PROJECT DESIGN THAT REDUCES "THE REQUESTED DENSITY BONUS FROM 48 PERCENT TO 47.5 PERCENT, RESULTING IN A REDUCTION OF THE NUMBER OF AFFORDABLE UNITS REQUIRED FOR THE PROJECT. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW (CLASS 32, INFILL DEVELOPMENT). REVIEW AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED JANUARY 21, 2020 (774 CAUDILL, AFFH-3142-2016/MOD-0775-2019) WHEREAS, on May 2, 2016, the applicant, Caudill Street Partners, submitted an application to request alternative incentives for affordable housing that include a 48 percent density bonus and a reduction in site development standards for the maximum building height to extend to 47.5 feet where 40 feet is normally allowed, for a project located at 774 Caudill Street; and WHEREAS, on June 20, 2016, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, with a 6-0-1 vote to approve the mixed-use project subject to the findings and conditions of Resolution No. ARC-1011-16, pursuant to a proceeding instituted under ARCH-2628-2016, Caudill Street Partners, applicant; and WHEREAS, on July 12, 2016, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, with a 5-0 vote to approve the affordable housing alternative incentives that included a density bonus of 48 percent and a reduction in the site development standards for the maximum building height to extend 47.5 feet where 40 feet is normally allowed subject to the findings and conditions of Council Resolution No. 10734 (2016 Series), pursuant to a proceeding instituted under AFFH-3142-2016, Caudill Street Partners, applicant; and WHEREAS, on April 16, 2018, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, with a 6-1-0 vote to continue a request, by a new applicant who acquired the property, for a design modification to the previously approved project design with direction to the applicant and staff on pertinent issues, pursuant to a proceeding instituted under MOD-1394-2018, Montage Development, applicant; and R 11076 Resolution No. 11076 (2020 Series) Page 2 WHEREAS, on July 16, 2018, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, with a 5-0-2 vote to approve the project design modifications subject to the findings and conditions of Resolution No. ARC-1014-18, pursuant to a proceeding instituted under MOD-1394-2018, Montage Development, applicant; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street , San Luis Obispo, California, on January 21, 2020, pursuant to a proceeding instituted under MOD-0775-2019, Montage Development, applicant; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing, and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Findings . Based upon all the evidence, the City Council makes the following findings to approve the modification (MOD-0775-2019) of the previously approved project (AFFH-3142-2016), hereby granting final approval to reduce the density bonus from 48 percent to 47.5 percent: 1. The project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the site's zoning designation, and will be subject to conformance with all applicable building, fire, and safety codes. 2. The proposed project will provide quality affordable housing consistent with the intent of Chapter 17.140 of the Municipal Code to facilitate the production of affordable housing units. 3 . The request for a density bonus is consistent with the intent of Housing Element programs 2.17, 6.10, and 6.19, and the alternative affordable housing incentives outlined in Section 17.140.070 of the City's Zoning Regulations. Section 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species and is served by required utilities and public services. R 11076 Resolution No. 11076 (2020 Series) Page 3 Section 3. Action. The City Council does hereby grant final approval of the modification to Council Resolution No. 10734 (2016 Series) to reduce the previously approved density bonus from 48 percent to 47.5 percent (MOD-0775-2019/AFFH-3142-2016), subject to the following conditions: Planning Department 1. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the Architectural Review Commission and the City Council. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2 (ARCH-2628-2016 I MOD-1394-2018, and AFFH-3142-2016 I MOD-0775-2019). Reference should be made in the margin of listed items as to where in plans requirements are addressed, as applicable. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Community Development Director or Architectural Review Commission, as deemed appropriate. 2. Prior to the issuance of construction permits, the City and the project owners shall enter into an Affordable Housing Agreement, to be recorded in the office of the San Luis Obispo County Recorder. The agreement shall specify mechanisms and/or procedures to ensure the continued affordability and availability of a minimum of three dwelling units to very- low income households, to the satisfaction of the Community Development Director. The Agreement shall also set forth those items required by Municipal Code Section 17.140.030.B or any alternative incentives granted pursuant to Section 17.140.040. The Agreement shall "run with the land" and shall be binding upon all heirs, successors, or assigns of the property owner, and shall ensure affordability of three dwelling units for a period of not less than forty-five years, or as otherwise required by state law. R 11076 Resolution No. 11076 (2020 Series) Page 4 Indemnification 3. The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's approval of this project. In the event that the City fails to promptly notify the Owner/ Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. Upon motion of Council Member Pease, seconded by Council Member Christianson, and on the following roll call vote: AYES: NOES: ABSENT: Council Member Christianson, Pease, Stewart and Vice Mayor Gomez None Mayor Harmon The foregoing resolution was adopted this 21st day of January 2020. ATTEST: ~,~]~ City Clerk J. , stine Dietrick c;i· y Attorney - IN WITNESS WHEREOF, I have hereunto set my hand and of San Luis Obispo, California, this \'fttl day xed the official seal of the City "'--""-==L...>Cl="-+----_J 2020. R 11076