HomeMy WebLinkAboutPC-1004-2020 (ARCH-0017-2019 -- 545 Higuera and 486 Marsh St.)RESOLUTION NO. PC-1004-20
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A 50-FOOT TALL MIXED -USE PROJECT
CONSISTING OF 5,241 SQUARE FEET OF GROUND -FLOOR RETAIL,
EIGHT HOTEL SUITES, AND 39 RESIDENTIAL UNITS, INCLUDING
MECHANICAL PARKING LIFTS, AND A CATEGORICAL EXEMPTION
FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED FEBRUARY 26, 2020 (545
HIGUERA STREET, 486 MARSH STREET, ARCH-0017-2019)
WHEREAS, 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, on September 9, 2019, and continued review of the project to a date uncertain,
pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins, applicant; and
WHEREAS, 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, on October 21, 2019, recommending the Planning Commission find the project
consistent with the Community Design Guidelines and two directional items related to colors and
architectural details, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
January 8, 2020, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins,
applicant, and moved to continue review of the entitlement to a date uncertain; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
February 26, 2020, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
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 Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Environmental Review. The project is categorically exempt under Class 32,
In -Fill Development Projects; Section 15332 of the State California Environmental Quality Act
(CEQA) Guidelines, because the project is consistent with General Plan policies for the land use
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designation and is consistent with the applicable zoning designation and applicable regulations.
The project site occurs on a property of no more than five acres, which is currently developed with
existing commercial and office uses and associated parking, is substantially surrounded by urban
uses, and has no value as habitat for endangered, rare or threatened species. The project would be
served by adequate required utilities and public services. The project has been reviewed by the
City Public Works Department, Transportation Division, and no significant traffic impacts were
identified, based on the size and location of the project. Based on the current use of the site, the
proposed project as designed, the location of the project, and compliance with existing Zoning and
Municipal Code Regulations including the City's Noise and Stormwater Regulations, the project
would not result in any significant effects related to noise, air quality, or water quality.
SECTION 2. Findings. The Planning Commission hereby grants final approval to the
project (ARCH-0017-2019), based on the following findings:
General Findings
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because the project respects site constraints and
will be compatible with the scale and character of the neighborhood.
2. The project is consistent with the Zoning Regulations, since the proposed building design
complies with all property development standards including height, setbacks, coverage, floor
area ratio, density, and parking for the Downtown -Commercial zone.
3. The project is consistent with the General Plan Land Use Element, because: the proposed
retail, hotel, and residential uses are consistent with uses intended for the Downtown area
(Land Use Element Policies 3.8.5, 4.1, and 4.2.1); as proposed and conditioned the project
incorporates landscaping, setbacks, and step -backs to provide a protection of existing
residential uses (Land Use Element Policy 4.2); and, the project includes public gathering
space, onsite walkways and paths, and connections to sidewalks (Land Use Element Policies
4.4 and 4.5). As designed and conditioned, the project is compatible with historically
significant and other existing buildings in the immediate neighborhood (Land Use Element
Policies 4.16 and 4.20.4).
4. The project is consistent with General Plan Land Use Element Policy 2.2.7, because the
project is located within a half -mile of an existing transit stop, and is proximate to bicycle
routes, parks, open space, and commercial uses.
The project is consistent with the Zoning Regulations for Mixed -use Projects (Section
17.70.130) because the proposed building design complies with objective design criteria and
performance standards for mixed -use development.
6. The project is consistent with the Zoning Regulations for Rooftop Uses (Section 17.70.150)
because the roof deck would be located at 40 feet, 6 inches in elevation, which is below the
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maximum allowable building height for the structure (50 feet) and would be in compliance
with required performance standards related to lighting and noise.
7. The project design is consistent with the City's Community Design Guidelines because the
architectural design of the project is compatible with design and scale of existing structures
in the surrounding neighborhood, the project incorporates articulation to minimize massing,
visual linkages are provided through the use of landscaping, and pedestrian walkways, the
proposed design demonstrates use of articulated facades by incorporating textured materials,
balconies and decks, and a variety of siding materials (brick and stucco) is proposed to
provide texture, relief, and visual interest consistent with the Downtown Design Guidelines
and visual character of the neighborhood.
Mechanical Lift Parking
8. The use of mechanical lift parking results in superior design and implementation of City goals
and policies for infill development, because it would allow for the provision of parking spaces
for proposed retail, hotel, and residential uses in a compact location within an enclosed
garage.
9. As the mechanical lift parking system would be located within an enclosed garage, it will be
adequately screened and compatible with the character of surrounding development and the
Community Design Guidelines.
10. As the mechanical lift parking system would be located within an enclosed garage, it will
comply with all development standards including but not limited to height and setback
requirements and parking and driveway standards, except for minimum parking stall sizes,
which are established by lift specifications.
11. As conditioned, there exists adequate agreement running with the land that mechanical
parking systems will be safely operated and maintained in continual operation except for
limited periods of maintenance.
12. There are no circumstances of the site or development or particular model or type of
mechanical lift system that could result in significant impacts to those living or working on
the site or in the vicinity.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Construction plans submitted for building permits shall be designed in accordance
with the applicable codes in effect at time of submittal. Review of the general information
provided for entitlement is cursory and does not guarantee code compliance for a future
construction submittal. Code compliance will be verified during the plan check process, which
may include additional requirements applicable to the project. The Planning Commission hereby
grants final approval to the project with incorporation of the following conditions:
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Planning Division
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the Planning Commission for
project entitlements ARCH-0017-2019. A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all conditions and code
requirements of project approval listed as sheet number 2. Reference shall be made in the
margin of listed items as to where in plans requirements are addressed. Any change to
approved design, colors, materials, landscaping, or other conditions of approval must be
approved by the Director or Planning Commission, which may include review by the
Architectural Review Commission, as deemed appropriate.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements, which shall be in substantial conformance with the
exterior elevations approved by the Planning Commission. The applicant shall submit samples
for proposed brick and stucco. The details of the exterior materials, including final colors and
textures, shall be reviewed and approved by the Community Development Director.
3. Plans submitted for a building permit shall clearly depict the type of bicycle racks proposed,
location and dimensions of all short and long-term bicycle parking (both internal and
external). Sufficient detail shall be provided about the placement and design of bike racks and
storage locations to demonstrate compliance with relevant Engineering Standards, Zoning
Regulations, and Community Design Guidelines, to the satisfaction of the Public Works and
Community Development Directors.
4. Plans submitted for a building permit shall include recessed window details and all other
details including but not limited to awnings, balconies, and railings. Plans shall indicate the
type of materials for the window frames and mullions, their dimensions, and colors. Plans
shall include the materials and dimensions of all lintels, sills, surrounds recesses and other
related window features. Plans shall demonstrate the use of high -quality materials for all
design features that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
5. Mechanical and electrical equipment shall be located internally or shall be fully screened.
With submittal of working drawings, the applicant shall include sectional views of the
building, which clearly show the sizes of any proposed condensers and other mechanical
equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans
submitted for a building permit shall confirm that parapets and other roof features will
adequately screen them from view of the public right-of-way and adjacent uses. A line -of -
sight diagram may be required to confirm that proposed screening will be adequate. This
condition applies to initial construction and later improvements.
6. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for a building permit, including the landscaping plan. Construction
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plans shall also include a scaled diagram of the equipment proposed. Where possible, as
determined by the Utilities Director, equipment shall be located inside the building within 20
feet of the front property line. Where this is not possible, as determined by the Utilities
Director, the back -flow preventer and double-check assembly shall be located in the street
yard and screened using a combination of paint color, landscaping and, if deemed appropriate
by the Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
7. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with
corresponding symbols for each plant material showing their specific locations on plans.
Street trees species shall comply with City standards.
8. Plans submitted for building permit shall include a photometric plan, demonstrating
compliance with maximum light intensity standards. The locations of all lighting, including
bollard style landscaping or path lighting and lighting on exterior walkways and decks, shall
be included in plans submitted for a building permit. All wall -mounted lighting fixtures shall
be clearly called out on building elevations included as part of working drawings. All wall -
mounted lighting shall complement building architecture. The lighting schedule for the
building shall include a graphic representation of the proposed lighting fixtures and cut -sheets
on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light
is directed downward consistent with the requirements of the City's Night Sky Preservation
standards contained in Chapter 17.70.100 of the Zoning Regulations.
9. Residents of new mixed -use projects, whether owners or tenants, shall be notified in writing
before taking up residence that they will be living in an urban -type environment and that the
noise levels may be higher than a strictly residential area.
10. Prior to issuance of building permits, a mechanical parking lift system adequate agreement
shall be approved by the City. The agreement shall run with the land, and confirm that the
mechanical parking systems will be safely operated and maintained in continual operation
except for limited periods of maintenance.
11. Upon application for building permits, to ensure the internal noise level is no greater than 45
decibels, the plans shall show a minimum STC rating of 25 for walls and windows on the
second, third, and fourth floors. The project shall incorporate mechanical ventilation for hotel
and residential uses on the second, third, and fourth floors.
12. Prior to issuance of building and encroachment permits, the applicant shall provide a
Construction Phasing and Management Plan for the review and approval of the Community
Development Director and Public Works Director. The Plan shall include all proposed phases,
including demolition and initial site grading, and construction of the project. Unless otherwise
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specifically approved by the Community Development Director and the City Engineer,
sidewalk, travel lane, and roadway closures shall remain open and passable during
demolitions and construction. The plan shall include, but not be limited to the following:
a. General strategies and parameters to minimize the disruption from the proposed
construction.
b. The location of the proposed temporary trash and recycling containers, which shall
be fully shielded from view during construction and use.
c. The location of parking spaces to be provided for existing adjacent uses including
the Bank of the Sierra and Achievement House.
d. Measures to minimize construction dust potentially affecting neighboring
properties.
e. The construction manager's contact information.
f. Temporary site improvements related to any potential delay in construction
between the phases, including but not limited to stabilization of soils, stormwater
management, and aesthetic treatment of the internal -facing elevation.
13. A comprehensive sign program for the project shall be developed to the review and approval
of the Community Development Director. The sign program shall include information on the
sizes, locations, colors, materials, and types and illumination of signage proposed for the
building and the overall site. Project signs shall be designed to be compatible with the
architecture of proposed buildings and to complement the site's setting. The Director may
approve signage if he finds that the proposal conforms to the sign regulations and is in keeping
with the design characteristics of the building. The Director may refer signage to the ARC if
it seems excessive or out of character with the building.
14. Prior to issuance of building permits, the applicant shall pay required affordable housing in -
lieu fees for the residential and commercial components of the project, pursuant to Zoning
Regulations Chapter 17.138 (Inclusionary Housing Requirements).
Engineering Division — Public Works/Community Development
15. A Voluntary Lot Merger, Lot Line Adjustment, or subdivision map will be required to remove
the lot line between the proposed buildings. The action on the adjustment to the existing
underlying parcels shall be completed and recorded prior to building permit issuance for any
building affected by the underlying lot line.
16. The action on the parcels and building plan submittal shall include a Title Report to clarify all
right, title, and interest in the parcels in question. The building plan submittal shall show and
label all existing and proposed easements and agreement for reference. The existing
easements shall be honored with the new development unless otherwise abandoned or quit-
claimed. Final documentation may be required from the dominant tenement for proposed
construction in, under, or over easement areas, if necessary. Any new required or proposed
easements or agreements shall be recorded prior to building permit issuance.
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17. All work within the public rights -of -way shall conform with the City Engineering Standards
in effect at the time of Building Permit or Encroachment Permit issuance. The existing
frontage improvements shall be shown to comply with current City Engineering Standards or
they shall be upgraded to the satisfaction of the City Engineer. Any sections of damaged,
displaced, or non-ADA compliant sections of curb, gutter, and sidewalk shall be repaired or
replaced.
18. The building plan submittal shall show and note compliance with the Post Construction
Stormwater Regulations as promulgated by the Regional Water Quality Control Board per
their Resolution No. 2013-0032 or any updates of these regulations. Unless otherwise
exempted, the plans and reports shall include both the off -site and on -site new, altered, or
replaced impervious surfaces in the analysis for treatment and retention.
19. Stormwater treatment facilities shall not be located within the public rights -of -way unless
specifically approved under an encroachment agreement by the City Engineer.
20. The building plan submittal shall show and note compliance with the City's Drainage Design
Manual of the Waterway Management Plan. The building plan submittals shall show and
note compliance with the City's Floodplain Management Regulations. The buildings and all
building service equipment shall either be elevated or protected to at least one foot above the
Base Flood Elevation (BFE). Additional protection to two feet above the BFE is
recommended to provide better protection and to potentially reduce flood insurance
premiums.
21. Required building entrances/exits shall be constructed with alcoves or other strategies to allow
for the deployment of flood gates while maintaining some level of access and emergency
egress for occupants and emergency personnel to the satisfaction of the Fire Marshal and
Building Official.
22. Street trees are required along both street frontages as a condition of development. Any
proposal for deferring tree planting with each construction phase shall be approved to the
satisfaction of the City Arborist and Community Development Director. The condition of the
existing street trees to remain shall be evaluated by the City Arborist. A tree preservation
plan shall be submitted for approval by the City Arborist prior to demolition and building
permit issuance.
23. The City supports the proposed tree removals with the compensatory tree planting as shown
on the landscape plans. The Community Development Director, with support from the City
Arborist, may approve additional tree/street tree removals if the construction impacts cannot
be reasonably mitigated or if the existing trees are discovered to be in decline. Compensatory
tree plantings shall be required as a condition of permitting additional tree removals.
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24. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
city approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans. Contact the City Arborist at 781-7023 to review
and establish any required preservation measures to be included with the building permit
submittal.
Building Division
25. Photovoltaic system shall be submitted under a separate permit.
26. Retail/Restaurant Plumbing fixture analysis shall be in accordance with the California
Plumbing Code (CPC) Table 422.1 using the CPC Occupant load factor in Table A and shall
include outdoor dining areas.
Transportation Division — Public Works Department
27. The drive aisle shall be constructed with a material alternative to asphalt, such as concrete, in
order for the drive corridor to function as a paseo consistent with the Downtown Concept
Plan. Plans submitted for a building permit shall identify the proposed material.
28. Plans submitted for a building permit shall show pedestrian scale lighting along the project
frontage of Marsh and Higuera as well as within the project site along the paseo.
Utilities Department
29. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained and shall have reasonable alignments
needed for maintenance of public infrastructure along public roads.
30. Building permit submittal shall include a site utility plan showing the size of existing and
proposed sewer and water services.
31. In order to be reused, any existing sewer laterals proposed to serve the project must pass a
video inspection, including repair or replacement, as part of the project. The closed-circuit
television (CCTV) inspection shall be submitted during the building permit review process
for review and approval by the Utilities Department prior to issuance of a building permit.
Existing laterals that are not proposed to be reused shall be abandoned at the City main
consistent with City standards.
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32. The project shall connect new sewer laterals to the 30-inch sewer main on Marsh Street so
that all new sewer generated on -site does not flow to Higuera Street. Plans submitted for a
building permit shall comply with this requirement.
33. The building permit submittal shall clearly show the disposition of all existing water meters,
and new water service laterals shall connect to the existing 8-inch water main on Marsh Street.
34. Water service meter(s) shall be adequately sized to serve the project's proposed units.
Residential units shall be separately metered from the non-residential/commercial units, and
service lines shall not cross parcel boundaries per Municipal Code Section 13.04.120.
Privately owned sub -meters may be provided for residential units upon approval of the
Utilities Director or her/his designee.
35. Potable water shall not be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 13.07.070.0 of the City's Municipal
Code. Recycled water is available through the City's Construction Water Permit program.
36. The project's estimated total water use (ETWU) to support new ornamental landscaping shall
not exceed the project's maximum applied water allowance (MAWA). Information shall be
submitted during the building permit review process for review and approval by the Utilities
Department prior to issuance of a building permit to support required water demand of the
project's proposed landscaping.
37. Trash enclosure(s) shall conform the requirements by the San Luis Garbage Company and
refuse bins shall be sized to provide a reasonable level of service. Separate refuse bins shall
be accommodated within the site for waste, recycling, and organics.
38. Driveways and access routes to all refuse receptacles shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project.
Indemnification
39. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
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On motion by Commissioner Quincey, seconded by Commissioner Vice -Chair Dandekar, and
on the following roll call vote:
AYES: Commissioners Quincey, Stevenson, Vice -Chair Dandekar and Chair Wulkan
NOES: Commissioners Jorgensen and McKenzie
RECUSED: None
ABSENT: Commissioner Kahn
The foregoing resolution was passed and adopted this 26th day of February 2020.
Tyler Corey, Se??eljry
Planning Comm ssion