HomeMy WebLinkAboutR-11128 denying an appeal of the Planning Commission’s approval of 545 Higuer & 486 Marsh (ARCH-0017-2019)R 11128
RESOLUTION NO. 11128 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
COMMISSION’S APPROVAL OF 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 (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, Calif ornia, on
February 26, 2020, pursuant to a proceeding instituted under ARCH-0017-2019, Taylor Judkins,
applicant and approved the mixed-use project with a Categorical Exemption from environmental
review; and
WHEREAS, on March 9, 2020, Babak Naficy, Attorney filed an appeal on behalf of San
Luis Architectural Protection (“SLAP”) and Save Our Downtown (“SOD”) of the Planning
Commission’s action on February 26, 2020; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
via webinar on June 2, 2020, pursuant to a proceeding instituted under APPL-0201-2020, Babak
Naficy, Attorney filed an appeal on behalf of San Luis Architectural Protection (“SLAP”) and
Save Our Downtown (“SOD”), appellants; and
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WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the appellants, the applicant, interested parties, and 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
that the appeal of the Planning Commission’s decision is denied pursuant to the following findings:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings to deny the appeal (APPL-0201-2020) of the Planning Commission decision,
thereby granting final approval to the project (ARCH-0017-2019):
a) 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.
b) 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.
c) 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).
d) 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.
e) 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.
f) 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 maximum allowable building height for the structure (50 feet) and
would be in compliance with required performance standards related to lighting and
noise.
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g) 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.
h) 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.
i) 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.
j) 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.
k) 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.
l) 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.
m) The project is a “housing development project” subject to and as defined by the
Housing Accountability Act [Government Code 65589.5 (h)(2)(B)], as “housing
development projects” include mixed-use developments consisting of residential and
nonresidential uses with at least two-thirds of the square footage designated for
residential use, and does not require that the nonresidential use be located on the first
floor only. As such, the project meets this requirement.
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SECTION 2. 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
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. Based on
the projects location within the Downtown Commercial zone, and the project’s consistency with
the General Plan, Downtown Concept Plan, and Zoning Regulations, and presence of historic
resources throughout the Downtown and areas subject to the same policies and regulations, no
unusual circumstance exists in accordance with the Berkeley Hillside Preservation v. the City of
Berkeley, 60 Cal 4th 1086 (2015) case. Furthermore, based on the project’s design, which
incorporates forms, step backs, setbacks, landscaping, and materials found to be consistent with
the General Plan and Community Design Guidelines, and the initial recommendations of the
historic assessment and the conclusion of the Historical Compatibility Letter, the project would
not result in a significant adverse impact or cumulative impact to historical resources as defined
by the California Environmental Quality Act.
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SECTION 3. Action. Based on the foregoing findings and evidence in the record, the City
Council does hereby deny the appeal of the Planning Commission’ s action to approve the design
of the proposed project thereby granting final approval of the application ARCH-0017-2019 for a
mixed-use project and the use of mechanical parking lifts for the proposed project at 545 Higuera
Street and 486 Marsh Street, as conditioned by the Planning Commission.
Upon motion of Council Member Christianson, seconded by Council Member Stewart, and
on the following roll call vote:
AYES: Council Member Christianson, Stewart and Vice Mayor Gomez
NOES: Mayor Harmon
RECUSED: Council Member Pease
The foregoing resolution was adopted this 2nd day of June 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
____________________________________
Teresa Purrington
City Clerk