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HomeMy WebLinkAboutItem 16 - Introduce an Ordinance rezoning properties within the Downtown Commercial Zone and Development Review 1144 Chorro mixed-use project Department Name: Community Development Cost Center: 4003 For Agenda of: August 18, 2020 Placement: Public Hearing Estimated Time: 45 minutes FROM: Michael Codron, Community Development Director Prepared By: Kyle Bell, Associate Planner SUBJECT: PUBLIC HEARING TO CONSIDER: 1) AN ORDINANCE REZONING THE SUBJECT PROPERTIES FROM C-D-H AND C-D TO C-D-H-PD AND C-D- PD TO PROVIDE A PLANNED DEVELOPMENT OVERLAY AND 2) DEVELOPMENT REVIEW OF A SIX-STORY MIXED-USE BUILDING CONSISTING OF APPROXIMATELY 30,000 SQUARE FEET OF COMMERCIAL/OFFICE SPACE AND 50 RESIDENTIAL DWELLING UNITS, WITHIN THE DOWNTOWN HISTORIC DISTRICT. THE PROJECT INCLUDES DEMOLITION OF AN EXISTING STRUCTURE, A REQUEST TO ALLOW A MAXIMUM BUILDING HEIGHT OF 75 FEET, WHERE 50 FEET IS THE STANDARD IN THE DOWNTOWN COMMERCIAL ZONE WITH THE PROVISION OF REQUIRED COMMUNITY BENEFITS, AND A REQUEST TO ALLOW A FLOOR AREA RATIO OF 4.0 WITH THE PERMANENT PRESERVATION OF AN OFF-SITE HISTORIC BUILDING. RECOMMENDATION 1. Introduce an Ordinance (Attachment A) changing the zoning of the subject properties from Downtown Commercial (C-D-H and C-D) to (C-D-H-PD and C-D-PD) to include a Planned Development Overlay, based on findings and subject to conditions as outlined in the draft ordinance; and 2. Adopt a Resolution (Attachment B) approving a six-story mixed-use building and request to allow a maximum building height of 75 feet, where 50 feet is the standard in the Downtown Commercial zone, and a request to allow a floor area ratio of 4.0 with the permanent preservation of an off-site historic building. 3. Adopt an Initial Study/Mitigated Negative Declaration for the project (Attachment C). REPORT-IN-BRIEF The proposed project consists of the demolition of an existing one-story commercial building (the existing basement would remain in-tact), and construction of a new 65,752-square-foot six- story mixed-use building that includes approximately 30,000 square feet of commercial/office space and 50 residential dwelling units on a 16,710-square foot lot. The first floor of the project is comprised of three retail suites with accommodations for restaurant use, a residential lobby, commercial office lobby, and a small parking facility with accessible parking, car share spaces, and delivery/drop off spaces. The second and third floor have been designated for commercial office uses. The fourth, fifth, and sixth floors are reserved for the residential apartments (Attachment D, Project Plans). Item 16 Packet Page 225 Twenty-five percent of the proposed residential units (13 units) would be reserved for tenants with moderate incomes. The project also includes an application for a Planned Development Overlay zone including seven parcels with a total area of 2.16 acres located in the Downtown Historic District. In addition to the PD-Overlay the project includes the following requests: • Maximum building height of 75 feet, where 50 feet is the standard in the C-D zone. • Floor area ratio (FAR) of 4.0, where 3.75 is the standard for structures greater than 50 feet in height. • New driveway along Marsh Street. The subject property is directly adjacent to the Master List Historic Resource Hotel Wineman and is in the vicinity of the Master List Masonic Temple and the Master List Commercial Bank Building (Attachment E, Historic Preservation Report). The subject property is not a listed or eligible historic resource (Attachment F, Architectural Evaluation). DISCUSSION In accordance with Table 2-1 of the Zoning Regulations, mixed-use projects are allowed within the C-D zone. The Zoning Regulations identify specific development standards and requirements for mixed-use projects (§17.70.130) as well as specific requirements for projects within the Downtown (§17.32). The project design complies with the objective design criteria and performance standards for mixed-use development and is consistent with the provisions and requirements for lot coverage, floor area ratio, building heights, setbacks, and parking requirements for the C-D zone. PD-Overlay: The PD-Overlay zone is intended to provide for flexibility in the application of zoning standards for proposed developments. The purpose is to allow consideration of innovation in site planning and other aspects of project design. This should include more effective design responses to site features, land uses on adjoining properties, and environmental impacts than what the development standards of the underlying zone would produce without adjustment1. PD zoning shall be approved only in conjunction with derived long-term community benefits and where the project can help achieve the vision, goals, and policies of the General Plan. 1 Zoning Regulations § 17.48.030.D Deviation from Development Standards. The application of the PD-overlay zone to property may include the adjustment or modification, where necessary and justifiable, of any applicable development standard of this Title 17 (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.) or of the City’s subdivision regulations. The maximum density as allowed by cross-slope percent may be adjusted but shall not exceed the maximum density allowed in the average cross-slope category zero through 15 percent for the applicable zone. Figure 1: PD-Overlay Boundaries Item 16 Packet Page 226 The applicant proposes a PD-Overlay to join the properties located at 1144 Chorro, the existing Downtown Centre (876 Marsh, 895 Higuera, and 890 Marsh), two parcels located on the east side of Morro Street (973 Higuera), and one parcel on the north side of Higuera Street (898 Higuera), as delineated in Figure 1. The PD-Overlay serves as an opportunity for the transfer of density allowances between properties within the boundaries of the PD-Overlay2, however, the maximum density allowance of the combined properties shall not exceed the maximum density allowance for the applicable zone, unless otherwise permitted under the provisions of the Density Bonus Law (Government Code § 65915). Through the PD-Overlay, the project proposes to meet the minimum three Mandatory Project Features (§17.48.060) by providing: a. Affordable Housing: A minimum of 25% moderate-income units (13 units) and b. Energy Efficiency: The project will achieve a LEED Silver rating; and c. Public Amenity: Guarantee long-term maintenance of a significant public plaza on the Downtown Centre site. The Downtown Centre and associated pedestrian paseo was approved by the Architectural Review Commission (ARC) on July 20, 1992 (ARC 107-92) and construction was completed in 1995. The pedestrian paseo was not a requirement of the project design or a condition of approval for the project (the public art installation known as “Puck” is protected by a public art maintenance agreement). No plans have been discussed or considered to reduce or eliminate public access through the property; however, there are no protections in place that would guarantee public access in perpetuity for the Downtown Centre. Condition No. 9 of the Draft Resolution requires that the applicant enter into an agreement for the guarantee long-term maintenance of the Downtown Centre pedestrian paseo as a significant public plaza to satisfy the requirement for the PD-Overlay Mandatory Project Feature3. Maximum Building Height: The project is located in the C-D zone, which allows for a maximum building height of 50 feet and a minimum height of two stories. The City’s Zoning Regulations allow consideration of an increase in maximum height up to 75 feet within this zoning designation if the project includes provision of community benefits, including, but not limited to, the following criteria: Silver rating on the LEED-CS (or equivalent measure), no more than 33% of the storefront level to be used for private parking facilities, and the public benefit s associated with the project must significantly outweigh any detrimental impacts from the additional height (§17.32.030(E)). This section encourages creative building design, mixed-use developments, and accommodation of additional residential units in the Downtown Core, provided that such taller buildings (analyzed through discretionary review processes) contribute defined community benefits and further the goals of the Downtown Core as stated in the Land Use Element (LUE) of the General Plan. The Zoning Regulations stipulate that the Planning Commission (PC) may approve a building height up to 75 feet if it determines that the project includes three community benefits, with at least one from the affordable and workforce housing objective. 2 Zoning Regulations § 17.70.040.B Density Transfer. (1) PD-Overlay Zone. Development potential may be transferred within the area covered by a planned development (PD) overlay zone, in conformance with the requirements of Chapter 17.48: Planned Development (PD) Overlay Zone. 3 Zoning Regulations § 17.48.060.B. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the City. Item 16 Packet Page 227 The applicant seeks approval for the 75 feet building by providing the following seven Community Benefits Policy Objectives above and beyond the three that are required: a. Affordable and Workforce Housing (1): The project provides affordable housing at a rate greater than 10 percent dedicated for moderate-income households, as a percentage of the total number of housing units within the project (project provides 25 percent or 13 units for moderate-income households, as required for the PD-Overlay). b. Affordable and Workforce Housing (3): Provides for a residential density greater than 36 units per acre (70 units per acre) where the average floor area of the units is less than 1,000 square feet (423 square feet); and c. Pedestrian Amenities (1): The project provides for the continued use of a major pedestrian connection between Higuera Street and Marsh Street as associated with the PD-Overlay. d. Pedestrian Amenities (2a-g): The project provides for the permanent preservation of the Downtown Centre paseo as a public amenity; and e. Historic Preservation (Off Site): Where there are no historic resources on the project site, the project provides for the permanent preservation of a building offsite within the downtown historic district that is listed in the City’s inventory of historical resources through the recordation of a historic preservation agreement (868 and 870 Monterey Street known as the Muzio Building), as required to increase the building’s FAR. f. Modal Split: Project will provide a permanent mode shift towards alternative transportation for building occupants through a Transportation Demand Management Program (TDMP). The TDMP will include clearly defined, measurable, and verifiable performance measures, and identify how they will be monitored/measured by the City Transportation Division. g. Other Policy Objectives: The project directly implements specific objectives as set forth in the General Plan Land Use Element Policy 4.20 (Design Principals) by incorporating street level activities, upper floor dwellings, continuous storefront, and upper level step backs above the third level. The project also implements aspects of all eight Project Planning Principles of the Downtown Concept Plan, most notably Principal Three: Variety in Form and Function4. Floor Area Ratio (FAR) Exception: The proposed project would result in a FAR of 3.94. The City Zoning Regulations limit FAR for buildings in the C-D zone greater than 50 feet in height to 3.75. Allowable FAR may be increased up to 4.0 in the C-D zone (§ 17.32.020, Table 2-18)5. The project includes the permanent preservation of an off-site building located at 868 and 870 4 2017 Downtown Concept Plan. Planning Principals and Goals. (3) Variety in Form and Function: Encourage a variety of compatible buildings, uses, activities, and housing types for an inclusive and vital downtown. (3.1) Provide physical framework that retains and strengthens downtown’s economic health and vitality. (3.2) Encourage flexible mixed-use development throughout the downtown. (3.3.) Create opportunities for smaller, independent businesses and services for residents. (3.4) Ensure that downtown functions both as a commercial district and a residential neighborhood, with a variety of housing options to meet different needs. (3.5) Encourage the City and County to meet their future office needs in the vicinity of their existing government centers. (3.6) Reduce auto travel by encouraging the provisions of services, jobs , and housing in proximity to each other. 5 Zoning Regulation § 17.32 Table 2-18: Maximum Floor Area Ratio: 3.0 – maximum allowed for buildings up to 50 feet in height. 3.75 – maximum allowed for buildings approved greater than 50 feet in height. 4.0 – maximum allowed for approved buildings over 50 feet in height with transfer of development credits for open space protection or historic preservation… Item 16 Packet Page 228 Monterey Street (Muzio Building) that is listed on the National Register of Historic Places, which is intended to address this requirement. Condition No. 10 has been incorporat ed into the draft resolution which requires the recordation of a Historic Preservation Agreement for the permanent preservation of the Muzio Building. Limitations on New Driveways: Zoning Regulations §17.32.030.B states that onsite parking may be considered inappropriate at certain downtown locations where the pedestrian experience would be harmed by vehicle ingress and egress across the sidewalk. In order to maintain pedestrian orientation and the continuity of sidewalks within the C-D zone, the installation of new driveway approaches are subject to the limitations identified under §17.32.030.B. The applicant was unable to negotiate shared vehicle access off the adjacent alley that is owned and managed by the Wineman Hotel property; therefore, the number of on-site parking spaces was reduced to seven spaces to comply with the required findings for new driveways within the C-D zone6. The applicant has identified that the seven vehicle parking spaces will comprise of 3-4 spaces reserved for the purposes of carsharing, one space for van accessible parking, and the remaining 2-3 spaces reserved for short term use only, such as drop off or pick up. The applicant proposes to meet the remaining parking requirement through the City’s Parking In-lieu Fee Ordinance7. The applicant has provided a Parking Demand Reduction Program intended to implement measures to reduce parking demand associated with the project by providing car sharing vehicles, showers and lockers for employees, secure bicycle parking, and informational packets for alternative modes of transportation (Attachment G, Parking Demand Reduction and Management Plan). Previous Council or Advisory Body Action On November 26, 2018, the Cultural Heritage Committee (CHC) reviewed the proposed project for consistency with the Historic Preservation Program Guidelines (HPPG) and Secretary of the Interior’s Standards. The CHC, with a vote of 7:0, provided eight directional items to the applicant to address specific concerns related to building and site design (Attachment H, CHC Staff Report and Meeting Minutes). On December 3, 2018, the Architectural Review Commission (ARC) reviewed the proposed project for consistency with the Community Design Guidelines (CDG). The ARC, with a vote of 6:1, provided six directional items to the applicant to address specific concerns related to building and site design (Attachment I, ARC Staff Report and Meeting Minutes). 6 Zoning Regulations §17.32.030.B. Limitations on New Driveways: …In order to approve the new driveway approach, the review authority shall make at least one of the following findings: (1) The proposed driveway approach will not harm the general health, safety, and welfare of people living or working in the vicinity of the project site because the number of vehicles expected to use the driveway is limited (fewer than 10 spaces) and there are no other alternatives, such as service alleys, to provide vehicle access to the site… 7 Municipal Code §4.30.015. Properties located within the area enclosed by a bold solid line on the parking in-lieu fee area map may pay parking in-lieu fees as established by council, in lieu of providing required on-site parking space. Item 16 Packet Page 229 On September 17, 2019, the City Council reviewed the project for initiation of the PD-Overlay and associated mandatory project features as well as the community benefit policies for consideration of a building height of 75 feet. The City Council, with a vote of 3:0:2 (Council Members Pease and Gomez were recused), supported the initiation and provided two directional items for the applicant to address regarding the community benefit for the Mode Shift, and clarification about the number of dedicated affordable units (Attachment J, Council Report and Action Update). On June 1, 2020, the ARC reviewed the revised project design and with a vote of 5:1 recommended that the PC find the project consistent with the CDG, and recommended the PC consider several comments, recommendations, and references to particular CDG as part of their review, including the project’s effect on viewsheds from as seen from intersections, and compatibility with listed historic properties in the immediate vicinity (Attachment K, ARC Report, Draft Minutes 6.1.20). On June 22, 2020, the CHC reviewed the revised project design and with a vote of 3:1 recommended that the PC find the project consistent with the HPPG and recommended consideration of a modification to change the stucco finish in the upper three stories to a brick facing matching the lower three stories. The motion included recognition that the existing Riley’s Department Store uniquely embodies mid-century architecture in the Downtown Historic District. (Attachment L, CHC Report, Draft Minutes 6.22.20). On July 8, 2020, the PC reviewed the project and unanimously recommended that the Counci l find the project consistent with the Zoning Regulations and General Plan policies, with minor changes to the draft resolution conditions regarding bicycle parking racks and clarification on the private maintenance agreement for the Downtown Centre (Attachment M, PC Report, Draft Minutes 7.8.20). A more detailed evaluation of the comments, and recommendations from the previous City Council hearing, ARC, CHC and PC have been consolidated and provided as Attachment N (Initiation and Advisory Body Comments Summary). Policy Context The LUE provides specific design guidelines for new buildings within the Downtown Core. LUE Policy 4.20 and its subsequent sub-policies detail specific guidelines for construction and uses of the new development. The proposed project is designed to be consistent with these policies and includes elements such as continuous street level stores and restaurants, upper level residential dwellings, similar storefront widths to existing buildings in the Downtown, and includes design details such as transom windows, bulkheads, large display windows, awnings, landscaping and patios that can be appreciated by people on the sidewalks. LUE Policy 4.20.4 states, in part, that tall buildings (50-75 feet) shall be designed to achieve multiple policy objectives, including design amenities, housing, and retail land uses. Item 16 Packet Page 230 LUE Policy 4.2 states that the Downtown is not only a commercial district, but also a neighborhood. As such, the LUE encourages development within the Downtown to include a variety of uses, including residential8, and that is designed for the enjoyment of those that live within Downtown. Housing Element (HE) Policy 5.3 encourages the development of housing above ground-level retail stores and offices to provide housing opportunities close to activity centers and to use land efficiently. HE Policy 6.10 indicates that in order to help meet the Quantified Objectives, the City will support residential infill development and promote higher residential density where appropriate. Furthermore, HE Policy 6.2 specifically requires that new commercial developments in the Downtown Core shall include housing. The HE and LUE encourage mixed-use projects where they can be found to be compatible with existing and potential future development. The LUE encourages compatible mixed uses in commercial districts (LUE Policy 3.8.5) and specifically discusses residential and commercial mixed use (LUE Policy 2.3.6)9. The HE provides policies and programs that speak specifically to supporting affordable housing projects where appropriate (HE Goals 2, 4, & 6). The proposed project is consistent with the policies of the HE and LUE as the project incorporated 50 residential units and 30,000 square feet of commercial/office space providing for a variety of uses that are compatible and complementary to uses throughout the Downtown Core and commercial district. Housing is a Major City Goal for 2019-21. Housing was determined to be one of Council’s priority goals for the City to accomplish over the 2019-21 financial plan. The goal stipulates that the City should facilitate increased production of all housing types designed to be economically accessible to the area workforce and low and very low-income residents, through increased density and proximity to transportation corridors in alignment with the Climate Action Plan. The project implements the City’s Housing goal as the project is located within the Downtown Core and includes 50 residential units, 13 of which are dedicated for affordable housing for moderate income households, that may provide housing opportunities for individuals who work within the Downtown. Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s Municipal Code, the project was noticed per the City’s notification requirements for Development Projects for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten days prior to the hearing. Additionally, postcards were sent to both tenants and owners of properties located within 300 feet of the project site ten days before the hearing. 8 LUE Policy 4.2.1. Existing and New Dwellings: The City shall use the following when evaluating development in the Downtown area: A) Existing residential uses within and around the commercial core should be protected, and new ones should be developed; B) Dwellings should be provided for a variety of households; C) Dwellings should be interspersed with commercial uses; D) All new, large commercial projects should include residential uses; E) Commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential densities than otherwise allowed... 9 LUE Policy 2.3.6. The City shall encourage mixed use projects, where appropriate and compatible with existing and planned development on the site and with adjacent and nearby properties. The City shall support the location of mixed use projects and community and neighborhood commercial centers near major activity nodes and transportation corridors / transit opportunities where appropriate. Item 16 Packet Page 231 CONCURRENCE The project has been reviewed by various City departments and divisions including: Planning, Engineering, Arborist, Transportation, Building, Utilities, and Fire. Staff has identified several unique conditions given the specific circumstances of the project that would require special conditions. Specific attention should be provided on the following conditions: Engineering Division has identified Condition No. 26 to require the installation of Mission Style sidewalk, and Conditions No. 36 through 40 to address the flood zone and floodproofing for the building. The Transportation Division has identified Condition No. 66 through 69 to address frontage improvements and upgrades consistent with the American Disabilities Act (ADA), and Condition No. 70 to address vehicle and pedestrian safety for vehicles entering and exiting the property. Other comments have been incorporated into the draft resolutions as condit ions of approval. CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN This activity is presently allowed under the State and Local emergency orders associated with COVID-19. This Project and associated staff work will be reimbursed by the Developer directly or indirectly through fees and therefore consistent with the guidance of the City’s Fiscal Health Contingency Plan. ENVIRONMENTAL REVIEW An Initial Study (IS) has been prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the proposed project. A Mitigated Negative Declaration (MND) is recommended for adoption (Attachment 13, Initial Study/Mitigated Negative Declaration). The IS-MND identifies that the project would potentially affect the following environmental factors unless mitigated: air quality, biological resources, cultural resources, hazards and hazardous materials, noise, transportation, tribal cultural resources, and utilities and service systems. Mitigation measures have been identified to reduce these potential impacts to less than significant, including, but not limited to, standard idling restrictions, dust control measures, preparation of a geologic investigation for asbestos containing materials and compliance with existing regulations if detected, and implementation of best management controls for construction traffic and noise. The project is also within a Burial Sensitivity Area associated with San Luis Obispo Creek identified in “Figure 1: Cultural Resources” of the City’s Conservation Open Space Element (COSE). Based on the project’s location and proposed ground disturbance, the project may have the potential to impact previously unidentified cultural materials during subsurface grading and excavation activities. Mitigation measures have been identified to require cultural resource awareness training of all construction personnel and preparation of an archaeological monitoring plan that would ensure an immediate halt work order shall be issued in the event that historical or archaeological remains are discovered. With incorporation of mitigation measures, potential environmental effects of the project would not directly or indirectly result in any substantial adverse effects on the environment. Item 16 Packet Page 232 A 30-day public review period extended from April 30, 2020 through May 30, 2020, comments were received from the Department of Toxic Substances Control (DTSC) and the Air Pollution Control District (APCD). APCD communicated their support of the project as infill development consistent with San Luis Obispo Council of Government’s Reginal Transportation Plan and Sustainable Communities Strategy and agrees with all mitigation measures as proposed. DTSC provided comments on general best practices for the demolition of the existing structure and removal of materials from the site and guidance on handling of any hazardous materials, which have been addressed under mitigation measures for air quality (AQ-1 through AQ-5). FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total N/A When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall, the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. Continue consideration of the application to a future date. The Council may continue its review of the project to a date certain hearing if additional time or information is needed to make a decision. If additional information is needed, direction should be provided to staff so that it can be presented at that subsequent hearing. The Council may direct staff and the applicant to make specific changes to the project. Direction on changes should be specific and preferably within the scope of the environmental document prepared for the project. Changes beyond the scope of the IS/MND prepared for the project would require additional environmental review and delay the project entitlement process. 2. Deny the project. The Council may deny the project, based on findings of inconsistency with California State Law, the City’s General Plan, Zoning Regulations, and other applicable City regulations. Item 16 Packet Page 233 Attachments: a - Draft Ordinance a - Exhibit A to Draft Ordinance b - Draft Resolution c - COUNCIL READING FILE - Initial Study-MND d - COUNCIL READING FILE - Project Plans e - Historic Report f - COUNCIL READING FILE - Architectural Evaluation g - Parking Demand Reduction Plan h - COUNCIL READING FILE - CHC Report and Meeting Minutes dated 11/26/2018 i - COUNCIL READING FILE - ARC Report and Meeting Minutes dated 12/03/2018 j - COUNCIL READING FILE - Council Initiation and Action Update dated 09/17/2019 k - COUNCIL READING FILE - ARC Report and Minutes dated 06/01/2020 l - COUNCIL READING FILE - CHC Report and Draft Minutes dated 06/22/2020 m - COUNCIL READING FILE - PC Report and Minutes dated 07/08/2020 n - Initiation and Advisory Body Comments Summary Item 16 Packet Page 234 ORDINANCE NO. ________ (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT OVERLAY FOR SEVEN PROPERTIES WITHIN THE DOWNTOWN COMMERCIAL ZONE AND AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE ZONING DESIGNATION OF THE ASSOCIATED PROPERTIES FROM C-D-H TO C-D-H-PD AND C- D TO C-D-PD, RESPECTFULLY, INCLUDING A MITIGATED NEGATIVE DECLARATION OF ENVIRO NMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED AUGUST 18, 2020 (1144 CHORRO, 868 AND 870 MONTEREY, 876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS: PDEV-0509- 2019, & EID-0475-2019) 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 September 17, 2019, initiating the project in consideration of the proposed Community Benefits and Mandatory Project Features for the Planned Development Overlay (PD-Overlay), pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on June 1, 2020, recommending approval of the project with direction to the Planning Commission for consistency with the Community Design Guidelines, pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475- 2019, Mark Rawson, applicant; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a web based public hearing on June 22, 2020, recommending approval of the project with direction to the Planning Commission for consistency with the Historic Preservation Program Ordinance, and the Historic Preservation Guidelines, pursuant to a proceeding instituted under ARCH-1687- 2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted web based public hearing on July 8, 2020, recommending approval of the Planned Development Overlay to the City Council pursuant to a proceeding instituted under ARCH-1687-2018, PDEV- 0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the City Council 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 Item 16 Packet Page 235 Ordinance No. ______ (2020 Series) Page 2 O ______ NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed PD-Overlay furthers the goals of the General Plan for compatible development because the Land Use Element (LUE) encourages residential dwellings within all new commercial developments and indicates that commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential densities than otherwise allowed (LUE 4.2.1). The PD-Overlay serves as an opportunity for the transfer of density allowances from the Downtown Centre to be redistributed throughout the PD-Overlay providing opportunities to develop higher density projects within the Downtown Core. 2. The proposed PD-Overlay will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps accommodate the existing and future development of the site with uses and improvements that will be compatible with other properties in the surrounding vicinity. 3. The project is consistent with the General Plan policies and implements Housing Element policies by allowing expansion of residential land uses in order to help meet the Quantified Objectives by supporting residential infill development and promote higher residential density where appropriate. 4. The PD-Overlay does not provide for any modifications to development standards applicable to projects within the Downtown Commercial (C-D) zone that would result in any development that would be inconsistent with the development potential of any other property within the C-D zone, and all associated development within the PD- Overlay shall be subject to applicable provisions of the Zoning Regulations. SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation Measures, and Mitigation Monitoring Program. The City Council hereby adopts the proposed Mitigated Negative Declaration of Environmental Impact finding that it adequately identifies the projects potential significant impacts with incorporation of the following mitigation measures and monitoring programs: Air Quality AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques: 1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment. a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors if feasible; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment shall be used whenever possible; and, d. Signs that specify the no idling requirements shall be posted and enforced at the construction site. Item 16 Packet Page 236 Ordinance No. ______ (2020 Series) Page 3 O ______ 2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: a. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: www.arb.ca.gov/msprog/truck- idling/2485.pdf. AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the following particulate matter control measures and detail each measure on the project grading and building plans: a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent air borne dust from leaving the site and from exceeding APCD’s limit of 20% opacity for no greater than 3 minutes in any 60-minute period. Increased watering frequency shall be required whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be used in all construction and dust-control work. c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. d. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities. e. Exposed grounds that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical binders, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. Item 16 Packet Page 237 Ordinance No. ______ (2020 Series) Page 4 O ______ j. Install wheel washers where vehicles enter and exit unpaved roads onto streets or wash off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre- wetted prior to sweeping when feasible. l. All PM10 mitigation measures required shall be shown on grading and building plans. m. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the APCD’s limit of 20% opacity for no greater than 3 minutes in any 60 minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ-3 Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb asbestos containing materials (ACM), the applicant must file an Asbestos ATCM exemption request with the SLOAPCD. AQ-4 If asbestos containing materials (ACM) are determined to be present onsite, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and, 3. Implementation of applicable removal and disposal protocol and requirements for identified ACM. AQ-5 Prior to initiation of demolition/construction activities, the applicant shall implement the following measures to reduce the risk associated with disturbance of ACM and lead-coated materials that may be present within the existing structure onsite: a. Demolition of the on-site structure shall comply with the procedures required by the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be notified, per NESHAP requirements. The project applicant shall submit proof that SLOAPCD has been notified prior to demolition activities to the City Community Development Department. Item 16 Packet Page 238 Ordinance No. ______ (2020 Series) Page 5 O ______ b. If during the demolition of the existing structure, paint is separated from the construction materials (e.g., chemically or physically), the paint waste shall be evaluated independently from the building material by a qualified hazardous materials inspector to determine its proper management. All hazardous materials shall be handled and disposed of in accordance with local, state, and federal regulations. According to the Department of Toxic Substances Control (DTSC), if the paint is not removed from the building material during demolition (and is not chipping or peeling), the material can be disposed of as non-hazardous construction debris. The landfill operator shall be contacted prior to disposal of lead-based paint materials. If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The applicant shall submit proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department. Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. The applicant shall submit proof of written notification to SLOAPCD as described in measures AQ-4 and AQ-5 to the City Community Development Department. Biological Resources BIO-1 Site preparation, ground-disturbing, and construction activities should be conducted outside of the migratory bird breeding season when feasible. If such activities are required during this period, a qualified biologist shall conduct a nesting bird survey and verify that migratory birds are not nesting in the impact zone. If nesting activity is detected, the following measures shall be implemented: a. The project shall be modified via the use of protective buffers, delaying construction activities, or other methods designated by the qualified biologist to avoid direct take of identified nests, eggs, and/or young protected under the MBTA and/or California Fish and Game Code; b. The Environmental Monitor shall document all active nests and submit a letter report to City Planning staff and the City’s Sustainability Officer documenting project compliance with the MBTA, California Fish and Game Code, and applicable project mitigation measures. Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part of the improvement plans and construction drawings. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director, who shall confirm the conclusion and recommendations of the preconstruction nesting bird surveys and provide site inspections as necessary to ensure implementation. Item 16 Packet Page 239 Ordinance No. ______ (2020 Series) Page 6 O ______ Cultural Resources CR-1 Prior to construction activities, a qualified archaeologist shall conduct cultural resource awareness training for all construction personnel including the following: a. Review the types of archaeological artifacts that may be uncovered; b. Provide examples of common archaeological artifacts to examine; c. Review what makes an archaeological resource significant to archaeologists and local Native Americans; d. Describe procedures for notifying involved or interested parties in case of a new discovery; e. Describe reporting requirements and responsibilities of construction personnel; f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries; and g. Describe procedures that would be followed in the case of discovery of disturbed as well as intact human burials and burial-associated artifacts. CR-2 A qualified archaeologist monitor shall be present during all project related construction activities that result in disturbance of native soil that may contain archaeological resources. CR-3 In the event that historical or archaeological remains are discovered during earth disturbing activities associated with the project, an immediate halt work order shall be issued, and the Community Development Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials. The conditions for treatment of discoveries shall be printed on all building and grading plans. The City shall review and approve the selected archaeologist, if needed, to ensure they meet appropriate professional qualification standards, consistent with the Archaeological Resource Preservation Program Guidelines. CR-4 In the event that human remains are exposed during earth disturbing activities associated with the project, an immediate halt work order shall be issued, and the Community Development Director shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. Monitoring Program: These conditions shall be noted on all grading and construction plans. The City shall review and approve the selected archaeologist monitor, to ensure they meet appropriate professional qualification standards, consistent with the Archaeological Resource Preservation Program Guidelines. Item 16 Packet Page 240 Ordinance No. ______ (2020 Series) Page 7 O ______ Noise N-1 For the entire duration of the construction phase of the project, the following Best Management Practices (BMPs) shall be adhered to: 1. Stationary construction equipment that generates noise that exceeds 60 dBA at the project boundaries shall be shielded with the most modern noise control devises (i.e. mufflers, lagging, and/or motor enclosures). 2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools. 3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed- air exhaust shall be used. 4. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational. 5. All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers, shrouding, etc.). N-2 Construction plans shall note construction hours, truck routes, and all construction noise Best Management Practices (BMPs) and shall be reviewed and approved by the Community Development Department prior to issuance of grading/building permits. The City shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and maintained throughout the construction phase of the project. All construction workers shall be briefed at a pre-construction meeting on construction hour limitations and how, why, and where BMP measures are to be implemented. N-3 Construction activities shall be conducted so that the maximum noise levels at affected properties will not exceed 80 dBA for multi-family residential and 85 dBA for mixed residential/commercial uses, restaurants, and meeting places. N-4 For all construction activity at the project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited to: • Sound blankets shall be used on noise-generating equipment. • Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). • Temporary sound barriers shall be constructed between construction sites and affected uses. Item 16 Packet Page 241 Ordinance No. ______ (2020 Series) Page 8 O ______ N-5 The project contractor shall inform residents and business operators at properties within 300 feet of the project of proposed construction timelines and noise compliant procedures to minimize potential annoyance related to construction noise. Signs shall be in place prior to and throughout grading and construction activities informing the public that noise- related complaints shall be directed to the construction manager prior to the City’s Community Development Department. N-6 All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections. Transportation TR-1 Construction Management Plan. Prior to the issuance of each building permit, the construction contractor shall meet with the Public Works department to determine tr affic management strategies to reduce, to the maximum extent feasible, traffic congestion and the effects of parking demand by construction workers during construction of this project. The construction contractor will develop a construction management plan for review and approval by the Public Works department. The plan shall include at least the following items and requirements: • A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure procedures, sidewalk closure procedures, signs, cones for drivers, and designated construction access routes. • Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures will occur. • Location of construction staging areas for materials, equipment, and vehicles. • Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety; and provision for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant. • Temporary construction fences to contain debris and material and to secure the site. • Provisions for removal of trash generated by project construction activity. • A process for responding to and tracking complaints pertaining to construction activity. • Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected. • It is anticipated that this Construction Traffic Management Plan would be developed in the context of the City Municipal Code Construction and Fire Prevention Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which address other issues such as hours of construction onsite, limitations on noise and dust emissions, and other applicable items. Item 16 Packet Page 242 Ordinance No. ______ (2020 Series) Page 9 O ______ Monitoring Program: Prior to building permit issuance the Construction Management Plan shall be submitted to the City Community Development Department and Public Works Department for review. SECTION 3. Action. The City Council hereby approves the application PDEV-0509-2019 & EID-0475-2019 and adopts an Ordinance to establish a PD-Overlay for seven properties within the C-D zone for the purposes of transferring density credits from the Downtown Centre to adjacent properties, as set forth in Exhibit A, subject to the following conditions. 1. The PD-Overlay is intended solely for the purposes of transferring of density allowances from the Downtown Centre to adjacent properties within the PD-Overlay (§17.70.040.B.1), all future development shall conform to all other development standards as established by the Zoning Regulations, and other applicable City standards. 2. The subject properties within the PD-Overlay boundaries provide residential density at a ratio of 36 density units per acre (77.76 density units), pr ojects proposed within the PD-Overlay shall not exceed the overall density allowance for the collective area of the properties within the boundaries of the PD-Overlay and shall remain in conformance with density allowances as established in the C-D zone Development Standards (§17.32), unless otherwise permitted under the provisions of the Density Bonus Law (Government Code § 65915). 3. Any new development within the PD-Overlay that results in the construction of new residential units shall provide a minimum of 25 percent of the residential units within the project as affordable to households of very low, low, or moderate-income households, consistent with all provisions established under Municipal Code Chapter 17.140. 4. Any new development within the PD-Overlay that results in the construction of new residential units shall achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieve a zero-net energy use, subject to the satisfaction of the Community Development Director. 5. Prior to issuance of a building permit for any new development that results in the transfer of density credits within the PD-Overlay, the applicant shall record an Offer to Dedicate Pedestrian Easement covenant for the irrevocable and perpetual access for the general public to use and access the Downtown Centre as a public plaza for the duration of the PD-Overlay. The covenant shall identify the responsibilities for maintenance and public access of the Downtown Centre, subject to the satisfaction of the Community Development Director. SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable Item 16 Packet Page 243 Ordinance No. ______ (2020 Series) Page 10 O ______ SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ___________, 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _____ day of ____________, 2020, on the following vote: AYES: NOES: ABSENT: ____________________________________ 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 Item 16 Packet Page 244 Item 16 Packet Page 245 RESOLUTION NO. ________ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING DEVELOPMENT OF A SIX- STORY MIXED-USE BUILDING CONSISTING OF APPROXIMATELY 30,000 SQUARE FEET OF COMMERCIAL/OFFICE SPACE AND 50 RESIDENTIAL DWELLING UNITS, WITHIN THE DOWNTOWN HISTORIC DISTRICT. THE PROJECT INCLUDES A REZONE TO PROVIDE A PLANNED DEVELOPMENT OVERLAY, PERMANENT PRESERVATION OF AN OFF-SITE BUILDING LOCATED AT 868 AND 870 MONTEREY STREET, A NEW DRIVEWAY ALONG MARSH STREET, AND A REQUEST TO ALLOW A MAXIMUM BUILDING HEIGHT OF 75 FEET, WHERE 50 FEET IS THE STANDARD IN THE DOWNTOWN COMMERCIAL ZONE. THE PROJECT INCLUDES A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JULY 8, 2020 (1144 CHORRO, 868 AND 870 MONTEREY, 876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019) 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 September 17, 2019, initiating the project in consideration of the proposed Community Benefits and Mandatory Project Features for the Planned Development Overlay, pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on June 1, 2020, recommending approval of the project with direction to the Planning Commission for consistency with the Community Design Guidelines, pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475- 2019, Mark Rawson, applicant; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a web based public hearing on June 22, 2020, recommending approval of the project with direction to the Planning Commission for consistency with the Historic Preservation Program Ordinance, and the Historic Preservation Guidelines, pursuant to a proceeding instituted under ARCH-1687- 2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on July 8, 2020, recommending approval of the project with direction to the City Council for consistency with the Zoning Regulations and General Plan, pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and Item 16 Packet Page 246 Resolution No. _____ (2020 Series) Page 2 R ______ WHEREAS, the City Council of the City of San Luis Obispo conducted a web based public hearing on August 18, 2020, pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and WHEREAS, the City Council 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; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the City 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, hereby approving the project (ARCH-1687-2018, PDEV-0509-2019, & EID- 0475-2019): 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, and parking for the Downtown-Commercial zone. 3. The project is consistent with the General Plan Land Use Element, because: the proposed retail, office, 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 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 2.3.1, 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. 5. The project is consistent with the General Plan Housing Element because the project provides a variety of residential types, sizes, and style of dwellings (Housing Element Goal 5), and encourages the development of housing above ground-level commercial uses (Housing Element 5.3). 6. The project is consistent with the General Plan Conservation and Open Space Element Policy 4.4.3 because the project promotes higher-density, compact housing to achieve more efficient use of public facilities and services and to improve the City’s jobs/housing balance. 7. The project is consistent with Land Use Element Policy 2.3.6 (Housing and Businesses) and 3.8.5 (Mixed Uses) because the project provides residential dwellings within a commercial district near neighborhood commercial centers, major activity nodes, and transit opportunities. Housing at this location is and can be compatible with the proposed and existing commercial uses on-site and on adjacent properties. Item 16 Packet Page 247 Resolution No. _____ (2020 Series) Page 3 R ______ 8. 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 by orienting the building and residential and nonresidential entries toward the street with sufficient articulation along the street frontage. Architectural Review Findings 9. As conditioned, the project design is consistent with the City’s Community Design Guidelines because the architectural design of the project is compatible with the design and scale of existing structures in the surrounding neighborhood, the project incorporates articulation to minimize massing, visual linkages are provided through building orientation, 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. 10. The proposed height, mass and scale of the project will not negatively alter the overall character of the neighborhood or the streets’ appearance because the development is designed in a manner that does not deprive reasonable solar access to public sidewalks by stepping back upper levels away from the street frontage. The project incorporates vertical and horizontal wall plan offsets providing a high-quality and aesthetically pleasing architectural design. New Driveway Findings 11. The proposed driveway approach will not harm the general health, safety, and welfare of people living or working in the vicinity of the project site because the number of vehicles expected to use the driveway is limited to seven parking spaces and there are no other alternatives, such as service alleys, to provide vehicle access to the site. Community Benefits Policy Objective Findings 12. As conditioned, the proposed maximum height of 75 feet is appropriate because the project provides more than 10 percent of the residential units as affordable housing for moderate-income households (25 percent; 13 units), and the project utilizes a residential density greater than 36 units per acre (70 units per acre) where the average floor area of the units is less than 1,000 square feet (423 square feet). 13. As conditioned, the project provides open space in the form of a significant public plaza by entering into a public access easement and private maintenance agreement for the existing Downtown Centre, to continue to be open to the public without charge. 14. As conditioned, the project provides for the permanent mode shift towards alternative transportation for building occupants through a Transportation Demand Management Program that achieves modal split objectives of General Plan Circulation Element Policy 1.7.1 (Encourage Better Transportation Habits). Item 16 Packet Page 248 Resolution No. _____ (2020 Series) Page 4 R ______ Floor Area Ratio Exception Findings 15. As conditioned, the project provides for the permanent preservation of the Muzio Building at 868 and 870 Monterey Street as a listed historic resource within the Downtown Historic District, through the recordation of a historic preservation agreement. SECTION 2. Effective Date. This resolution shall take effect (30) days after the final adoption of the Ordinance associated with the rezoning of the subject property from C-D-H to C- D-H-PD (PDEV-0509-2019). SECTION 3. Environmental Review. An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the proposed project. The City Council hereby adopts the IS/MND, based on incorporation of the following mitigation measures, which will reduce potential environmental impacts to less than significant. Air Quality AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques: 1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment. a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors if feasible; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment shall be used whenever possible; and, d. Signs that specify the no idling requirements shall be posted and enforced at the construction site. 2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: a. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: www.arb.ca.gov/msprog/truck- idling/2485.pdf. Item 16 Packet Page 249 Resolution No. _____ (2020 Series) Page 5 R ______ AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the following particulate matter control measures and detail each measure on the project grading and building plans: a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding APCD’s limit of 20% opacity for no greater than 3 minutes in any 60-minute period. Increased watering frequency shall be required whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be used in all construction and dust-control work. c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. d. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities. e. Exposed grounds that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical binders, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre- wetted prior to sweeping when feasible. l. All PM10 mitigation measures required shall be shown on grading and building plans. m. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the APCD’s limit of 20% opacity for no greater than 3 minutes in any 60 minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ-3 Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Item 16 Packet Page 250 Resolution No. _____ (2020 Series) Page 6 R ______ Quarrying, and Surface Mining Operations (93105) and SLOAPCD requir ements. This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb asbestos containing materials (ACM), the applicant must file an Asbestos ATCM exemption request with the SLOAPCD. AQ-4 If asbestos containing materials (ACM) are determined to be present onsite, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and, 3. Implementation of applicable removal and disposal protocol and requirements for identified ACM. AQ-5 Prior to initiation of demolition/construction activities, the applicant shall implement the following measures to reduce the risk associated with disturbance of ACM and lead-coated materials that may be present within the existing structure onsite: a. Demolition of the on-site structure shall comply with the procedures required by the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be notified, per NESHAP requirements. The project applicant shall submit proof that SLOAPCD has been notified prior to demolition activities to the City Community Development Department. b. If during the demolition of the existing structure, paint is separated from the construction materials (e.g., chemically or physically), the paint waste shall be evaluated independently from the building material by a qualified hazardous materials inspector to determine its proper management. All hazardous materials shall be handled and disposed of in accordance with local, state, and federal regulations. According to the Department of Toxic Substances Control (DTSC), if the paint is not removed from the building material during demolition (and is not chipping or peeling), the material can be disposed of as non-hazardous construction debris. The landfill operator shall be contacted prior to disposal of lead-based paint materials. If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The applicant shall submit proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department. Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Item 16 Packet Page 251 Resolution No. _____ (2020 Series) Page 7 R ______ Compliance shall be verified by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. The applicant shall submit proof of written notification to SLOAPCD as described in measures AQ-4 and AQ-5 to the City Community Development Department. Biological Resources BIO-1 Site preparation, ground-disturbing, and construction activities should be conducted outside of the migratory bird breeding season when feasible. If such activities are required during this period, a qualified biologist shall conduct a nesting bird survey and verify that migratory birds are not nesting in the impact zone. If nesting activity is detected, the following measures shall be implemented: a. The project shall be modified via the use of protective buffers, delaying construction activities, or other methods designated by the qualified biologist to avoid direct take of identified nests, eggs, and/or young protected under the MBTA and/or California Fish and Game Code; b. The Environmental Monitor shall document all active nests and submit a letter report to City Planning staff and the City’s Sustainability Officer documenting project compliance with the MBTA, California Fish and Game Code, and applicable project mitigation measures. Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part of the improvement plans and construction drawings. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director, who shall confirm the conclusion and recommendations of the preconstruction nesting bird surveys and provide site inspections as necessary to ensure implementation. Cultural Resources CR-1 Prior to construction activities, a qualified archaeologist shall conduct cultural resource awareness training for all construction personnel including the following: a. Review the types of archaeological artifacts that may be uncovered; b. Provide examples of common archaeological artifacts to examine; c. Review what makes an archaeological resource significant to archaeologists and local native Americans; d. Describe procedures for notifying involved or interested parties in case of a new discovery; e. Describe reporting requirements and responsibilities of construction personnel; f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries; and g. Describe procedures that would be followed in the case of discovery of disturbed as well as intact human burials and burial-associated artifacts. CR-2 A qualified archaeologist monitor shall be present during all project related construction activities that result in disturbance of native soil that may contain archaeological resources. Item 16 Packet Page 252 Resolution No. _____ (2020 Series) Page 8 R ______ CR-3 In the event that historical or archaeological remains are discovered during earth disturbing activities associated with the project, an immediate halt work order shall be issued and the Community Development Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials. The conditions for treatment of discoveries shall be printed on all building and grading plans. The City shall review and approve the selected archaeologist, if needed, to ensure they meet appropriate professional qualification standards, consistent with the Archaeological Resource Preservation Program Guidelines. CR-4 In the event that human remains are exposed during earth disturbing activities associated with the project, an immediate halt work order shall be issued, and the Community Development Director shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. Monitoring Program: These conditions shall be noted on all grading and construction plans. The City shall review and approve the selected archaeologist monitor, to ensure they meet appropriate professional qualification standards, consistent with the Archaeological Resource Preservation Program Guidelines. Noise N-1 For the entire duration of the construction phase of the project, the following Best Management Practices (BMPs) shall be adhered to: 1. Stationary construction equipment that generates noise that exceeds 60 dBA at the project boundaries shall be shielded with the most modern noise control devises (i.e. mufflers, lagging, and/or motor enclosures). 2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools. 3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed- air exhaust shall be used. 4. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational. 5. All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers, shrouding, etc.). N-2 Construction plans shall note construction hours, truck routes, and all construction noise Best Management Practices (BMPs) and shall be reviewed and approved by the City Community Development Department prior to issuance of grading/building permits. Item 16 Packet Page 253 Resolution No. _____ (2020 Series) Page 9 R ______ The City shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and maintained throughout the construction phase of the project. All construction workers shall be briefed at a pre-construction meeting on construction hour limitations and how, why, and where BMP measures are to be implemented. N-3 Construction activities shall be conducted so that the maximum noise levels at affected properties will not exceed 80 dBA for multi-family residential and 85 dBA for mixed residential/commercial uses, restaurants, and meeting places. N-4 For all construction activity at the project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited to: • Sound blankets shall be used on noise-generating equipment. • Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). • Temporary sound barriers shall be constructed between construction sites and affected uses. N-5 The project contractor shall inform residents and business operators at properties within 300 feet of the project of proposed construction timelines and noise compliant procedures to minimize potential annoyance related to construction noise. Signs shall be in place prior to and throughout grading and construction activities informing the public that noise- related complaints shall be directed to the construction manager prior to the City’s Community Development Department. N-6 All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections. Item 16 Packet Page 254 Resolution No. _____ (2020 Series) Page 10 R ______ Transportation TR-1 Construction Management Plan. Prior to the issuance of each building permit, the construction contractor shall meet with the Public Works department to determine traffic management strategies to reduce, to the maximum extent feasible, traffic congestion and the effects of parking demand by construction workers during construction of this project. The construction contractor will develop a construction management plan for review and approval by the Public Works department. The plan shall include at least the following items and requirements: • A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure procedures, sidewalk closure procedures, signs, cones for drivers, and designated construction access routes. • Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures will occur. • Location of construction staging areas for materials, equipment, and vehicles. • Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety; and provision for monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant. • Temporary construction fences to contain debris and material and to secure the site. • Provisions for removal of trash generated by project construction activity. • A process for responding to and tracking complaints pertaining to construction activity. • Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected. • It is anticipated that this Construction Traffic Management Plan would be developed in the context of the City Municipal Code Construction and Fire Prevention Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which address other issues such as hours of construction onsite, limitations on noise and dust emissions, and other applicable items. Monitoring Program: Prior to building permit issuance the Construction Management Plan shall be submitted to the City Community Development Department and Public Works Department for review. SECTION 4. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The City Council hereby approves the project with incorporation of the following conditions: 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 City Council (ARCH-1687- 2018, PDEV-0509-2019, & EID-0475-2019). A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all mitigation measures, Item 16 Packet Page 255 Resolution No. _____ (2020 Series) Page 11 R ______ 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 Architectural Review Commission, as deemed appropriate. 2. The project shall demonstrate compliance with all mitigation measures and conditions, applicable to the project site, established under the Planned Development Overlay Ordinance and associated Mitigated Negative Declaration (PDEV-0509-2019, EID-0475-2019). 3. 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 City Council. The applicant shall note the use of smooth finish stucco on the building plans and all other details of the exterior materials, including final colors and textures, shall be reviewed and approved by the Community Development Director. 4. Plans submitted for a building permit shall incorporate the design considerations as described at the ARC hearing on June 1, 2020, the final designs of the proposed project shall be modified to incorporate the following items, subject to the satisfaction of the Community Development Director: • The columns and cornice along the 45-degree corner element shall be modified to provide more refined detailing that draws in attention. • The residential gate feature shall be redesigned to be congruous with the surroundings, consider pattern that is of a finer grain. • The landscaping planters along the upper level terrace shall be scaled down in keeping with the character of downtown. • The cornice along the third floor shall be modified to provide greater detailing that presents greater prominence. • The design shall include greater detailing and refinement of brick detailed elements. • The design of the bulkheads and spandrels shall consider a more contrasting color or tone. • The storefront and street level details shall be of a high-quality design consistent with the intent of the Community Design Guidelines for Downtown Design. 5. Plans submitted for a building permit shall include recessed window details and all other details including but not limited to awnings, 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. 6. Prior to building permit issuance, the applicant shall submit an application and receive approval for the installation of public art as part of the project rather than paying the in-lieu fee (Municipal Code §17.32.030.E.5.b.(2).(g)), or prior to occupancy of the building subject to the approval of the Community Development Director. Public art shall be installed prior to occupancy of the building. Item 16 Packet Page 256 Resolution No. _____ (2020 Series) Page 12 R ______ 7. Prior to building permit issuance, the applicant shall pay Parking In-lieu fees and record a Parking In-lieu Fee Agreement, or prior to occupancy of the building subject to the approval of the Community Development Director. Preliminary estimates indicate that the project will be subject to in-lieu fees for 39 parking spaces for new construction. 8. Prior to the issuance of a building permit, the applicant shall provide a Transportation Demand Management Plan to reduce vehicle trips to and from the property, the plan shall clearly identify the responsibility for monitoring and reporting the progress of the Transportation Demand Management Plan to the satisfaction of the Community Development Director and the Transportation Division. The Transportation Demand Management Plan shall include clearly defined, measurable, and verifiable performance measures, and identify how they will be monitored/measured by the City Transportation Division. 9. Prior to issuance of a building permit, the applicant shall record an Offer to Dedicate Pedestrian Easement covenant for the irrevocable and perpetual access for the general public to use and access the Downtown Centre as a public plaza. The covenant shall identify the responsibilities for private maintenance and public access of the Downtown Centre, subject to the satisfaction of the Community Development Director. 10. Prior to issuance of a building permit, the applicant shall record a historic preservation agreement that provides for the permanent preservation of the Muzio Building at 868 and 870 Monterey Street as a listed historic resource within the Downtown Historic District, subject to the satisfaction of the Community Development Director. 11. The locations of all lighting, including bollard style landscaping or path lighting, 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 §17.70.100 of the Zoning Regulations. 12. Mechanical and electrical equipment shall be located internally to the building 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. 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 13. The storage area for trash and recycling cans shall be screened from the public right -of-way. The subject property shall be maintained in a clean and orderly manner at all times; free of excessive leaves, branches, and other landscape material. The applicant shall be responsible for the clean-up of any landscape material in the public right-of-way. Item 16 Packet Page 257 Resolution No. _____ (2020 Series) Page 13 R ______ 14. 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. 15. 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 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. 16. The design of the proposed structure shall incorporate site planning measures and noise attenuating construction techniques that reduce noise exposure to acceptable levels. Exposure in outdoor activity areas must not exceed 65 dB and indoor exposure must not exceed 45 dB consistent with the City’s Noise Ordinance. Plans submitted for construction permits must clearly indicate and describe noise attenuation measures, techniques, and materials, and demonstrates their compliance with noise levels limits. 17. Prior to building occupancy, the owner of the property shall provide a Residential Noise Notice in writing for residential occupants stating that the property is located within a commercial zone in an urban-type environment and that noise levels may be higher than a strictly residential area. 18. Prior to demolition of the existing structure, the plaques commemorating the Riley’s Department Store employees shall be retained and incorporated into the f inal project design, subject to the satisfaction of the Community Development Director. 19. Demolition of the existing building shall not commence until a permit has been issued by the building official. The applicant shall comply with §15.04 Construction and Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving of Buildings, including but not limited to, the following: the applicant shall provide evidence that for a period of not less than 90 days from date of permit application, the building was advertised in a local newspaper on at least 3 separate occasions not less than 15 days apart, as available to any interested person to be moved, and submit historic documentation for the structure. 20. Any new proposed signage shall be reviewed by the Community Development Department to ensure appropriateness for the site and compliance with the Sign Regulations. Signage shall coordinate with building architecture and the type of land use. The Community Development Director may refer signage to the Architectural Review Commission if it seems excessive or out of character with the project. Item 16 Packet Page 258 Resolution No. _____ (2020 Series) Page 14 R ______ Affordable Housing – Community Development 21. Prior to issuance of building permits, the city and the project owners shall enter into an Affordable Housing Agreement, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the moderate income households resulting in 25 percent of all proposed units as affordable (13 units) consistent with the provisions and requirements under the Zoning Regulations (§17.138), to the satisfaction of the Community Development Director. Engineering Division – Public Works/Community Development 22. The building plan submittal shall include a complete plan of the existing and proposed surface and utility improvements within the public right-of-way. The plan shall include an inventory of all existing improvements including signs, utility meters, curb painting, striping, and parking meters. The plan shall include an inventory and proposed disposition for all furniture and public improvements to be replaced, retained, reinstalled, or disposed. 23. Plans submitted for a building permit shall identify the final parking space delineations, signage, striping, limits of red curb, and metered spaces on the plans and shall be approved by the Public Works Department. 24. The building plans shall show all existing survey monumentation and shall clarify to protect in place or to be replaced. The existing United States Geological Survey (USGS) monument per City Benchmark System point 8 shall be retained unless otherwise approved for replacement. 25. Projects involving the substantial remodel of existing structures requires that complete frontage improvements be installed or that existing improvements be upgraded per City Standard (§12.16.050), subject to the satisfaction of the Public Works Director. 26. This property is located in the Mission Style Sidewalk District. All sections of new, altered, or replaced curb, gutter, sidewalk, curb ramps, or driveway approaches shall be constructed in the Mission Style per City Engineering Standards. Because of the extent of requir ed demolitions, new utilities, and existing damaged or displaced curb, gutter, and sidewalk, the entire Chorro and Marsh street frontages shall be upgraded to replace the standard concrete with new curb, gutter, and sidewalk. 27. Existing and new meter vaults and tree wells shall be upgraded per City Engineering Standards and reflected on the building plan submittal. The existing trees shall include new tree well frames and grates if the root structure will accommodate a grate. Any alternate tree well design for the existing trees to remain shall be approved to the satisfaction of the Public Works Department. 28. The project public improvements shall include the installation of new Pedestrian Level Streetlights along the Chorro and Marsh street frontages per City Engineering Standards and the approved streetlight layout plan. The final streetlight locations and spacing shall consider the existing streetlight locations, the location of existing infrastructure, the trees to remain, and proposed trees. The number and location of streetlights shall be approved by the Public Works Department. Item 16 Packet Page 259 Resolution No. _____ (2020 Series) Page 15 R ______ 29. The building plan submittal shall show all existing and proposed work within the public right - of-way. The building plan submittal shall show and note the required floor level at all new doorways/landings per American with Disabilities Act (ADA) and California Building Code requirements. The plans shall include a detailed topographic survey to show the finish floor elevations and adjoining sidewalk elevations. The City may support the potential use of the public sidewalk to help provide the required level landings by varying the curb heights along the respective street frontages, subject to the satisfaction of the Public Works Director. The plan shall include details of the existing sidewalk transition from the 8” curb along Chorro starting near 1122 Chorro. 30. The building plan submittal shall clearly show and note any replacement waterproofing or construction required along the new secondary access/egress walkway to Chorro along the interface with the Wineman Building/1122 Chorro. Modifications to the adjoining building may require a separate permit. 31. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground services shall be shown along with any proposed alterations or upgrades. All work in the public right-of-way shall be shown or noted. The final details of the private stormdrain connection to the p ublic system shall be approved by the Public Works Department. A separate inspection port or cleanout may be required to differentiate between the public and private systems. 32. A separate encroachment agreement may be required for any private improvements that are approved for location within the public right-of-way. 33. The applicant shall verify that the existing roof drainage systems, basement drains, or sumps are not connected to the sanitary sewer system to the satisfaction of the Utilities Department. Any existing inflow or infiltration shall be corrected with proper permits upon discovery. 34. The building plan submittal shall show all required short-term and long-term bicycle parking (§17.72.070, Table 3-6), and in accordance with standards contained in the 2013 Bicycle Transportation Plan, 2010 Community Design Guidelines, and any project-specific conditions to the satisfaction of the Community Development Department. Include details and detail references on the plans for the proposed bicycle parking facilities and/or racks. The building plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to obstructions per City Standard. The project summary shall include the required and proposed bicycle parking accordingly: • Short-term bicycle racks such as “Peak Racks” shall be installed in close proximity to, and visible from, the main entry into the building (inverted “U” rack designs shall not be permitted). Dimension the minimum clearances between racks shall be per City standards/adopted guidelines. • Long-term bicycle parking may consist of lockers installed either within or outside the building. As an alternative, a lockable room within the building(s) labeled and reserved for bicycle storage may substitute for bicycle lockers. Provide details and specs for bicycle lockers to the satisfaction of the Planning Division. Short-term and long-term bicycle parking areas shall accommodate bicycle parking storage space for cargo style bicycles, the bicycle storage room or other long-term bicycle storage shall provide electric vehicle charging equipment. Item 16 Packet Page 260 Resolution No. _____ (2020 Series) Page 16 R ______ 35. Provisions for trash, recycle, and food waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by a Property Owner’s Association or other property maintenance agreement. The applicant shall provide a copy of any existing, amended, or new agreement regarding solid waste management within the off-site alley/containment area. 36. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially- remodeled structures and all new building service equipment shall comply with all Federal Emergency Management Agency (FEMA) requirements and the City’s Floodplain Management Regulations (§17.78). 37. This property is located in an AO (two-foot depth) Flood Zone; the water surface or base flood elevation (BFE) of a 100-year storm is two feet above adjacent grade. The structure must be flood proofed to an elevation that is at least one foot above the BFE or three feet above the highest adjacent grade. Additional freeboard to two feet above the BFE may result in additional structure protection and savings on flood insurance and is strongly encouraged. 38. The building plan submittal shall show all proposed floodproofing, floodgate storage areas, utility protections, etc. The building plan submittal shall include a reduced floor plan showing and noting the location and type of floodgates and the labeled floodgate storage area/room. The plan will be forwarded to the Fire Department for inclusion in their records for recurring fire inspections. 39. All conduits and penetrations into the building shall be sealed against the intrusion of floodwater. A backwater valve shall be provided on the sanitary sewer to protect from backflow of a surcharged public sewer. Floors or fixtures not requiring protection shall bypass the valve in accordance with the California Plumbing Code. The backwater valve shall be located outside of the public right-of-way. 40. FEMA Elevation and Floodproofing certificates shall be provided at the completion of construction. 41. Improvements located within the public right-of-way or easement areas shall be shown on the building plan submittal for reference. A separate encroachment permit will be required from the Public Works Department for any work or construction staging located within the public right-of-way or public easement areas. 42. A construction staging and management plan shall be provided to the City and approved prior to demolition, new construction, and encroachment permit issuance. The plan shall be in accordance with ADA, City Engineering Standards, established guidelines, policies, and specifications. The plan shall be approved to the satisfaction of the Public Works and Community Development departments. The plan may be provided for each phase of construction and shall include any proposed sidewalk, parking lane, or traffic lane closures. Unless otherwise approved by the City, sidewalks shall remain open to through pedestrian traffic with diversions or pedestrian protection structures. Item 16 Packet Page 261 Resolution No. _____ (2020 Series) Page 17 R ______ 43. The applicant, developer, or contractor of record shall provide a list of businesses that could be affected by traffic or construction impacts to the City for acceptance. The list shall include the City and the Downtown Association. Notices shall be provided to the listed contacts about construction impacts, phasing, and project timing prior to commencing with any demolitions or construction. 44. The building plan submittal and supporting documentation shall show and note compliance with the Post Construction Stormwater Regulations as promulgated by the Regional Water Control Board per Resolution 2013-0032 and any updates to the stormwater codes and standards in effect at the time of development. Stormwater Control Measures (SCM’s) shall not be located within the public rights-of-way unless specifically approved by the City Engineer. The drainage report and Stormwater Control Plan shall clarify whether this project meets the minimum Urban Sustainability Area requirements for the Downtown Commercial area. 45. The stormwater control plan and analysis shall include the limits of altered or replaced public sidewalk. The report and plans shall show and note compliance with all applicable Performance Requirements. The stormwater control measure for Performance Requirement 2 shall include Measure 1: Harvesting, infiltration, and/or evapotranspiration before defaulting to Measure 2 or 3. 46. The City supports the proposed tree removals with the compensatory tree planting as shown on the proposed development plans. Unless otherwise waived by the Public Works Department, the new trees shall be irrigated by the on-site water service piping and irrigation controllers. 47. The applicant may consider festoon tree lighting improvements for the existing or proposed new trees. If proposed, the lighting systems and attachments shall be in accordance with City Standards, policies, and guidelines consistent with the existing Downtown tree lighting program. 48. 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. Building Division – Community Development 49. 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. Item 16 Packet Page 262 Resolution No. _____ (2020 Series) Page 18 R ______ Utilities Department 50. 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. 51. Per Section 7 of the City’s Engineering Design Standards, the applicant shall provide a comparison of the existing and proposed sewer generations prior to building permit issuance. 52. The project plumbing calculations shall be used to size the sewer lateral and included in the design narrative and utility plan, prior to building permit issuance. 53. Plans submitted for a building permit shall demonstrate how the project will connect their sewer lateral to the existing six-inch VCP sewer main along Chorro Street, to the west of the project site, with 4” or 6” diameter laterals. 54. Plans submitted for a building permit shall indicate whether commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 55. Per Section 6 of the City’s Engineering Design Standards, provide a comparison of the existing and proposed water generations, prior to building permit issuance. 56. Building permit submittal shall clarify size of existing and proposed water services using a topographic survey and the new site layout map with proposed water meter sizes per the City’s Engineering Standards. 57. The project’s commercial and residential uses shall be meter ed separately. A City owned master meter shall serve the residential units that are each sub-metered with private meters. Plans submitted for a building permit shall include the CCR’s for the property management/homeowner association and shall require that the sub-meters be read by the association (or P/HOA contracted service). 58. All plans submitted for a building permit shall be consistent with the most recent fire protection design narrative, including the layout and design of the fire riser room stamped and signed by a licensed Fire Engineer. A private fire pump and surge tank shall be installed in order to provide the residual pressures and flows required by the fire protection design narrative. The surge tank shall be designed to have a pressure sustaining mechanism such that surge forces don’t impinge back into the public water main. The fire system point of connection shall be made along the existing 8” fire main on Marsh Street. The 8” main can be upsized by the development between Chorro and Morro if additional capacity is required by the fire protection design narrative, and must be to the satisfaction of the Utilities Director. 59. The approved fire protection design narrative shall include the fire flow rate(s) (gpm) and pressures that will be going through the fire pump based on the proposed fire floor area per NFPA requirements and the City of San Luis Obispo design standards, prior to building permit issuance. Item 16 Packet Page 263 Resolution No. _____ (2020 Series) Page 19 R ______ 60. Plans submitted for a building permit shall include a landscape documentation package per CCR Title 23 MWELO 492.3. 61. 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, following the City’s calculator. 62. Plans submitted for a building permit shall describe how recycled water will be used for major construction activities, such as grading and dust control as required under §17.70.220 (Prohibited Water Uses). Recycled water is available through the City’s Construction Water Permit program. 63. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and local waste management ordinance to reduce greenhouse gas emissions. Plans submitted for a building permit shall include a trash enclosure capable of storing the required bins for waste, recycling, and organics, subject to the satisfaction of the Utilities Director. 64. The building permit submittal shall include trash enclosure details as required by the City’s Development Standards for Solid Waste Services. The alley to the north of the project site is used for trash services. The project shall not disrupt the current trash services that utilize this alleyway. 65. There are existing city fiber lines within the street right of way adjacent to the west and south side of the project. Plans submitted for the project’s frontage improvements shall include provisions to adjust and/or replace existing city owned utilities per the Engineering Design Standards and to the satisfaction of the Utilities Director including, but not limited to: fiber cables, splice boxes, pull boxes, water valves, water mains, and service laterals that interfere as a result of the relocation. Transportation Division – Public Works 66. Plans submitted for the project’s frontage improvements shall replace signal poles and mast arm pole assemblies at the intersection of Chorro and Marsh Street in conjunction with sidewalk replacement, subject to the satisfaction of the Public Works Director. New signal poles shall conform with current City and Caltrans Standards and locate to current ADA standards. 67. Plans submitted for the project’s frontage improvements shall demonstrate how the traffic signal at Marsh and Chorro will conform with ADA requirements for audible pedestrian push- button assemblies and count-down pedestrian signals. Installation shall conform to MUTCD and City Standards. 68. Applicant shall submit a separate public improvement plan (PIP) set showing above signal upgrades from conditions the conditions mentioned above. Traffic signal upgrade design shall comply with the latest MUTCD and Caltrans design standards at the time the building permit is obtained. Item 16 Packet Page 264 Resolution No. _____ (2020 Series) Page 20 R ______ 69. Plans submitted for PIP shall provide details that replace stamped concrete crosswalk at intersection of Chorro and Marsh Streets with brick paver crosswalk, to conform to ADA and City Engineering Standards, to the satisfaction of the Public Works Director. 70. Plans submitted for a building permit shall provide details of the vehicle exit from the parking area onto Marsh Street that demonstrates adequate sightlines of pedestrians on adjacent sidewalk per City Engineering Standards, subject to the satisfaction of the Public Works Director. 71. Plans submitted for a building permit, shall include a construction phasing plan and proposed traffic handling plan during construction as a part of the building plan submittal, subject to the satisfaction of the Public Works and Community Development Directors. Item 16 Packet Page 265 Resolution No. _____ (2020 Series) Page 21 R ______ Indemnification 72. 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. Upon motion of ______________________, seconded by ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this _____ day of __________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: _____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________________ J. Christine Dietrick IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, _______________________. ____________________________________ Teresa Purrington City Clerk Item 16 Packet Page 266 1144 CHORRO STREET MIXED USE Parking Demand Reduction and Management Plan July 15, 2019 This document describes the management of parking demand and supply at the Chorro Street mixed-use project, located at 1144 Chorro Street. It includes details on the management of the building’s parking area as well as potential measures that may be implemented to reduce parking demand associated with the project, helping to curtail impacts to parking supply in neighboring streets and garages. 1. Management of the Parking Structure The 1144 Chorro parking garage is designed to hold a minimum of approximately 7 cars, including 1 accessible van space. The primary parking use is intended for car sharing spaces. Depending on demand it is anticipated that 3 or 4 parking spaces will be used for car share spaces. In addition to the car share spaces, 2 or 3 spaces will be designated for short term use only, which will allow for pick up and drop off use. A clear messaging program via email, brochures for tenants, and signage (located in the garage and in office area employee break-rooms), will inform office employees and residents of the parking program, ensuring that they have access to available information on parking and transportation options. The property management team will also have information on alternative transportation options for tenants, including information on bus and train service. 2. Measures to Minimize the Project’s Off-Site Parking Impacts Property management will also strive to minimize the project’s off-site parking impacts through a number of potential parking demand reduction strategies. Currently those strategies include the following: SHOWERS AND LOCKERS Shower and locker changing room facilities for employees who ride their bikes to work, helping make bicycling a more attractive mode of travel. Item 16 Packet Page 267 BIKE PARKING Secure on-site bicycle parking for all employees and residents, ensuring those who bike do not have to worry about bicycle theft. MAPS AND INFORMATION Transportation information posted in the office area employee break rooms with up-to-date information on transit services in the area, including schedules and service area maps, ridesharing, bicycle maps, and information on other alternative transportation options. · AREA INFORMATION PACKETS The dissemination of a welcome packet for new employees and residents, containing transportation information relevant to the area. The project will also implement other parking demand reduction strategies as necessary. Potential tools under consideration include the following: The provision of loaner and rental bikes for office employees allowing employees to run errands on breaks without the need for a car. Encouraging the use of ride-matching service through local ridesharing programs. Offering transit pass and/or ridesharing subsidies. 3. Identification of a Project Parking Manager A Project Parking Manager will be identified once the property opens for business and occupancy. The Manager will have authority over all parking spaces in the structure, will implement and oversee parking demand reduction programs, and will serve as a contact point for City staff. The Project Parking Manager shall be identified by the property manager to the Community Development Director. Item 16 Packet Page 268 MEMORANDUM DATE: August 18, 2020 TO: City Council BY: Kyle Bell, Associate Planner FROM: Michael Codron, Community Development Director SUBJECT: Item #PH2 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) – A summary and evaluation of the comments from the Council Initiation and Advisory Body hearings. DISCUSSION On September 17, 2019 the City Council provided the following direction to assist staff with the processing of the applications for the project: • The application of a PD Overlay zone is an appropriate method for implementation of the City Council’s goal for higher density housing in the Downtown; • The Mandatory Project Features required for consideration of establishment of the PD Overlay zone and the Community Benefits Policy Objectives required for consideration of the proposed building height of 75 feet are appropriate and in alignment with the scope of the project given the priority that the City Council has placed on new housing in the Downtown. • Direct staff to move forward with priority processing of the project through the entitlement process, including environmental review pursuant to the California Environmental Quality Act (CEQA). The Council also provided direction to the applicant to consider incorporating the Community Benefit ‘Mode Shift’ for further consideration of the maximum building height, and requested that the applicant return for final action with a proforma that ensure that no less than 25% of the units can be dedicated as affordable housing. The applicant has incorporated the Mode Shift Community Benefit into the project and will be presenting the proforma to the City Council for consideration of the final action on the project that will describe how the project will provide for the 13 affordable units (25%). Condition No. 8 has been incorporated into the draft resolution to require a Transportation Demand Management Plan (TDMP) to reduce vehicle trips to and from the property, the plan shall clearly identify the responsibility for monitoring and reporting the progress of the TDMP. Item 16 Packet Page 269 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) Memorandum: Council Initiation and Advisory Body Comments Summary Page 2 ARC Directional Items On June 1, 2020, the ARC identified nine comments and recommendations, and references to specific Community Design Guidelines (CDG) that required further consideration by the Planning Commission (PC) prior to the Commission making a recommendation to the City Council and final action on the project. ARC Directional Item #1: The PC should consider effects on viewsheds, including views of Cerro San Luis, as seen from intersections. Response: The ARC expressed concerns regarding the view of Cerro San Luis from the crosswalk along Marsh Street that leads to the Downtown Centre (see Visual Study on Sheet T3.5, of the Project Plans). The project plans identify that the proposed structure does obstruct a portion of the view of Cerro San Luis from the crosswalk. However, the City’s General Plan Land Use Element Policy 4.17. (New Buildings and Views) states that: Downtown development nearby publicly- owned gathering places shall respect views of the hills. In other locations Downtown, views will be provided parallel to the street right-of-way, at intersections where building separation naturally makes more views available, and at upper-level viewing decks. The viewshed along the crosswalk at Marsh Street is not a location identified by the General Plan that would require further protections for viewsheds because this view is perpendicular to the street right-of-way. ARC Directional Item #2: The PC should consider CDG 2.2.F (coordinate the new with the old) for compatibility with listed historic properties in the immediate vicinity. Response: The CDG Section 2.2.F states that when new construction is proposed on a site with existing structures that are to be retained, the new work should be designed to coordinate with old structures that have architectural and/or historic value. This particular section of the CDG is specific to structures that are on the same site, and not relevant to this specific project. Regardless, the CHC agenda report provided further consideration of the project as it relates to surrounding historic properties. The CHC report from the June 22, 2020 hearing, identified that the applicant had revised the project design to incorporate architectural details and features that are consistent with the character of the district, inclusive of: transom windows along the store frontage, window mullions with brick and stucco headers, metal awnings, concrete bulkheads, detailed cornices, and outdoor sitting areas. Furthermore, the SWCA Historic Preservation Report concluded that the project complies with the City’s Historic Preservation Program Guidelines (HPPG) and with the Secretary of the Interior’s Standards for the Treatment of Historic Properties by incorporating numerous design elements that are considered to be compatible with adjacent and nearby architectural styles and materials within the Historic District. On June 22, 2020 the CHC found the project to be consistent with the City’s Historic Preservation Ordinance (HPO) and HPPG, as discussed further in the section below (CHC Directional Items). ARC Directional Item #3: The project could be improved for consistency with CDG 4.2.C (façade design and wall surfaces), by providing more well-defined and detailed column elements, tone or color of pre-cast elements (bulkhead and spandrels), and the corner angled façade elements such as columns and cornices should be re-evaluated for more refined detailing that draws in attention and makes it feel special. Item 16 Packet Page 270 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) Memorandum: Council Initiation and Advisory Body Comments Summary Page 3 ARC Directional Item #4: The project should reconsider the residential gate feature as shown on Sheet T1.1 and T1.2 to be congruous with surroundings, consider revisiting patterning that is finer grained. ARC Directional Item #5: The landscaping plantings along the terrace, Sheet L1.1, could be scaled down to be more in keeping with character of downtown, consider the County Government Center as an example. ARC Directional Item #6: The cornice along the third floor should be redesigned to provide further prominence. ARC Directional Item #7: Further consideration should be provided for refinement of brick detailed elements. ARC Directional Item #8: Provide more contrasting color of bulkhead and spandrel above the windows. ARC Directional Item #9: Provide quality design at the street level. Response: During the hearing the applicant agreed with the ARC that the project could be improved with consideration of the items discussed, the ARC intended to provide these comments for further consideration by the PC before requiring any modifications to the project plans. Staff has incorporated ARC directional items 3 through 9 into the draft resolution for consideration by the PC to be further refined and incorporated into the project during the building permit review process. Condition No. 4 states that: Plans submitted for a building permit, shall incorporate the design considerations as described at the ARC hearing on June 1, 2020, the final designs of the proposed project shall be modified to incorporate the following items, subject to the satisfaction of the Community Development Director: • The columns and cornice along the 45-degree corner element shall be modified to provide more refined detailing that draws in attention. • The residential gate feature shall be redesigned to be congruous with the surroundings, consider pattern that is of a finer grain. • The landscaping planters along the upper level terrace shall be scaled down in keeping with the character of downtown. • The cornice along the third floor shall be modified to provide greater detailing that presents greater prominence. • The design shall include greater detailing and refinement of brick detailed elements. • The design of the bulkheads and spandrels shall consider a more contrasting color or tone. • The storefront and street level details shall be of a high-quality design consistent with the intent of the Community Design Guidelines for Downtown Design. The applicant has made modifications to the project plans in response to the ARC and PC direction, see Figure 1. The project plans include the following changes: Item 16 Packet Page 271 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) Memorandum: Council Initiation and Advisory Body Comments Summary Page 4 • Improved transition between cornice and raised corner element, inclusive of an elliptical decorative feature outlined with decorative brick, see Figure 1. • Refined residential gate feature modified with a lower panel, the design has been revised to be congruous with surroundings and a finer grain pattern (Project Plans Sheet T1.2). • Upper level landscaping and planters have been scaled down, see Figure 1. • The cornice has been modified to provide greater prominence, the cornice material has been replaced with a precast design that provides greater contrast between the brick and the upper level stucco design, see Figure 1. • Herringbone panels have been added as decorative elements to the façade, as well as a soldier course of brick in line with the third-floor window heads (Project Plans Sheet T2.1). • The bulkheads and spandrels have been darkened to provide greater contrast between elements (Project Plans Sheet T2.1). • The street level details have been refined to provide greater detail including the addition of decorative tile at the window bulkheads and along the storefront openings (Project Plans Sheet T2.1). CHC Directional Items On June 22, 2020, the CHC found the project consistent with the HPPG and provided a recommendation that requires further consideration by the PC, prior to the Commission making a recommendation to the City Council and final action on the project. Figure 1: Original corner element (right), revised corner element based on ARC direction (left) Item 16 Packet Page 272 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) Memorandum: Council Initiation and Advisory Body Comments Summary Page 5 CHC Directional Item #1: The top three stories should be changed to brick facing material to match the lower three stores to de-emphasize the height of the building. Response: The CHC communicated concerns with the transition of materials from the area above the third level from brick to stucco. The CHC referenced examples of modern architecture used in projects with historic structures, similar to the example shown in Figure 2. The CHC suggested that the project mimics the treatment of historic properties and that the project could be improved and in keeping with the character of the Downtown Historic District if the stucco material was changed to brick facing material to match the lower three stories. However, there are limited examples of brick structures that step back along the upper levels. Traditional brick style architecture historically provides a prominent presence along the street frontage for the entire face of the building, (see example shown in Figure 3). While downtown buildings have a variety of materials and architectural details, several consistent themes in these aspects of design in the downtown have helped to define its distinctive character. The CDG state that tall buildings should provide appropriate techniques to assure that tall buildings respect the context of their setting and provide appropriate visual transition to adjacent structures by maintaining a distinction between the lower and upper floors that will reinforce the typical rhythm of traditional commercial buildings, and use color to visually reduce the size, bulk and scale of a building. The proposed change of the stucco material to brick may conflict with the intent of the CDG, and due to the building form and required upper story step backs, the use of brick between all floors is not consistent with the architectural style for brick buildings or consistent with trends in contemporary architecture. No evidence is available that supports the notion that the use of brick along the upper levels would be successful in de-emphasizing the height of building, rather the use of heavy materials such as brick would likely bring attention to the upper levels and potentially result in an emphasis of the building height and prominence. Furthermore, the transition between stucco and brick materials is consistent with several other existing structures throughout the Downtown Historic District, such as the adjacent Downtown Centre, Court Street Development, Morro Street Parking Garage, Hotel Cerro, and Marsh Street Commons. Figure 2: CHC example of upper level modern additions Figure 3: Example of traditional brick style architecture Item 16 Packet Page 273 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144 Chorro) Memorandum: Council Initiation and Advisory Body Comments Summary Page 6 PC Directional Items On July 8, 2020, the PC reviewed the project and unanimously recommended that the Council find the project consistent with the Zoning Regulations and General Plan policies, with minor changes to the draft resolution conditions regarding bicycle parking racks and clarification on the private maintenance agreement for the Downtown Centre, for further consideration by the City Council prior to final action on the project. Condition 9 (dedication of pedestrian easement in Downtown Centre): modify second sentence as follows: The covenant shall identify the responsibilities for private maintenance and public access of Downtown Centre, subject to the satisfaction of the Community Development Director. Condition 34 (bicycle facilities): modified to eliminate the option for inverted U style bicycle racks, and to provide for the installation of electric bicycle parking stations, and bicycle parking spaces that accommodate the size of cargo style bicycles. Item 16 Packet Page 274 7/26/2021 1 1144 Chorro Street ARCH-1687-2018 & PDEV-0509-2019 Marsh & Chorro Development Review of a six-story mixed-use building consisting of approximately 30,000 square feet of commercial/office space and 50 residential dwelling units, within the Downtown Historic District. The project includes a rezone to provide a Planned Development Overlay and a request to allow a maximum building height of 75-feet, where 50-feet is normally allowed in the Downtown Commercial zone. August 18, 2020 Applicant: Mark Rawson, Copeland Properties 2 Recommendation Introduce an Ordinance rezoning the subject properties to include a Planned Development Overlay. Find the project and environmental determination consistent with the General Plan, and Zoning Regulations to approve the project, subject to findings and conditions. 1 2 7/26/2021 2 Project Description 3 Project Description 4 The mixed-use project consists of a six-story structure comprised of; Ground floor commercial (4,806 sq. ft.) 2nd &3rd floor office (25,251 sq. ft.) 4th –6th floor residential (50 units) The project includes a Planned Development (PD) Overlay, and a request to establish a max height of 75- feet, where normally limited to 50-feet. 3 4 7/26/2021 3 Previous Advisory Body Reviews 5 Conceptual Review November 26, 2018, CHC (vote 7:0) December 3, 2018, ARC (vote 6:0) September 17, 2019, Council Initiation (vote 3:0:2) Project Review June 1, 2020, ARC (vote 5:1) recommended approval June 22, 2020, CHC (vote 3:1) recommended approval July 8, 2020, PC (vote 7:0) recommended approval August 10, 2020, TC (5:0:2) recommended approval PD Overlay – Mandatory Project Features 6 PD-Overlay – Three Mandatory Project Features; A minimum of 25% of residential units dedicated for affordable housing. LEED Silver rating for Energy Efficiency. Provide a substantial public amenity, including provisions for guaranteed long-term maintenance. 5 6 7/26/2021 4 Maximum Height - Community Benefits 7 Maximum Height - Three Community Benefits; a.Affordable and Workforce Housing (1) b.Affordable and Workforce Housing (3) c.Pedestrian Amenities (1) d.Pedestrian Amenities (2a-g) e.Historic Preservation (Off Site) f.Modal Split g.Other Policy Objectives Floor Area Ratio (FAR) Exception 8 The project proposes a FAR of 3.94. The project includes the permanent preservation of the Muzio Building to allow a FAR of 4.0 The allowable FAR may be increased up to 4.0 in the C-D zone with transfer of development credits for open space protection or historic preservation (§ 17.32.020). 7 8 7/26/2021 5 Density 9 Development potential is allowed to transfer within the area covered by a PD-Overlay (§ 17.70.040). Type Number of  Units Density  Ratio Density Proposed One‐bed/studio 47 0.5 23.5 Two‐bed 31 3 Total Proposed:26.5 Density C‐D zone (36/acre):13.81 Density PD‐Overlay:77.76 Remaining Density within PD‐Overlay:51.26 The proposed project requires 26.5 density units. The PD-Overlay provides 77.76 density units. Environmental Review 10 The IS-MND identifies that the project would potentially affect the following environmental factors unless mitigated: •Air Quality •Biological Resources •Cultural Resources •Hazards and Hazardous Materials •Noise •Transportation •Tribal Cultural Resources •Utilities and Service Systems Mitigation measures have been identified to reduce these potential impacts to less than significant. 9 10 7/26/2021 6 Environmental Review 11 Cultural Resources: Found the project would have less than significant impact on historic resources, w/ mitigation. Found the existing structure does not qualify as a historic resource under the listing criteria. Tribal Cultural Resources: Found the project would have less than significant impact on Tribal Historical Resources, w/ mitigation. 12 Recommendation Introduce an Ordinance rezoning the subject properties to include a Planned Development Overlay. Find the project and environmental determination consistent with the General Plan, and Zoning Regulations to approve the project, subject to findings and conditions. 11 12 7/26/2021 7 Response to ARC Comments 13 13 539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.4land use complianceMandatory Project FeaturesThrough the PD Overlay, the project will meet the following:Affordable Housing A minimum of 25% moderate-income.LEED Silver Minimum LEED Silver Energy Efficienct rating (or city approved equivalent).Preserve Open Space At least a quarter of an acre on the Downtown Centre Site.Public Plaza Guarantee long term Maintenance of a significant Public Plaza on the Downtown Centre Site.Community Benefits Policy ObjectivesThe project seeks a use-permit allowign 75’ in height by providing:Affordable and Workforce Housing 1) Project will provide 25% moderate-income households.public plaza Pedestrian Amenities: 2) Project provides a significant public plaza.preservation of the Muzio Building View Access and Preservation: 2d) Project will provide a permanent preservation of the Muzio Building at 868/870 Monterey StreetLAND USE COMPLIANCE MANDITORY PROJECT FEATURES Through the PD Overlay, the project will meet the following: AFFORDABLE HOUSING : A minimum of 25% moderate-income residential units LEED SILVER : Minimum LEED Silver Energy Efficient rating (or City approved equivalent). PRESERVE OPEN SPACE : At least a quarter of an acre on the Downtown Centre Site. PUBLIC PLAZA : Guarantee a long term significant Public Plaza on the Downtown Centre Site.COMMUNITY BENEFITS POLICY OBJECTIVES The project seeks a use-permit allowing 75' in height by providing the following: AFFORDABLE AND WORKFORCE HOUSING : 1) The project will provide a minimum of 25% moderate-income residential units PUBLIC PLAZA : 2) Project provides a significant public plaza and pedestrian amenity. MODAL SPLIT : 3) Project provides a permanent mode shift towards alternative transportation. HISTORIC PRESERVATION : 4) Project will provide a permanent preservation of the Historic Muzio Building at 868 / 870 Monterey StreetCITY OF SAN LUIS OBISPO - PROJECT MAJOR GOALS HOUSING : Facilitate the production of housing with an update of the housing element, including an emphasis on affordable housing and workforce housing through the lens of climate action and regionalism. SUSTAINABLE TRANSPORTATION : Enhance accessible regional transit, bicycle, and pedestrian mobility to promote a transition to a car-free or shared-car lifestyle and to reduce greenhouse gases. CLIMATE ACTION : In response to the climate crisis, continue to update and implement the Climate Action Plan for carbon neutrality, including preservation and enhancement of our open space and urban forest and planning for resilience. DOWNTOWN VITALITY : Support the economic and cultural heart of the City with attention to safety, maintenance, infrastructure, and amenities 539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.12ROOF GARDEN12.5’/ 22’ setback from property line on marsh21’ setback from the property line on chorro(E) 10' ALLEYCHORRO ST.P.L. 140.07'P.L. 119.30'(E) 10' ALLEYMARSH ST. STREET LEVEL 12'-6" BUILDING SETBACK FROM PROPERTY LINE ON MARSH STREET 9'-0" BUILDING SETBACK FROM PROPERTY LINE ON CHORRO STREETUPPER LEVEL 22'-0" BUILDING SETBACK FROM PROPERTY LINE ON MARSH STREET 21'-0" BUILDING SETBACK FROM PROPERTY LINE ON CHORRO STREETLIGHT GREEN AREA - EXPANDED SIDEWALK SETBACK / SEATING AREAFOOTPRINT OF BUILDING - DARKER GREEN SHADEUPPER RESIDENTIAL LEVELS - WHITE, INCREASED STEP BACK 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 T2.1 VIEW OF MARSH & CHORRO CORNER MARSH C H O R R OHIGUERA 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 T2.0 VIEW FROM CHORRO STREET MARSH C H O R R OHIGUERA 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 T2.2 VIEW FROM DOWNTOWN CENTER PASEO MARSH C H O R R OHIGUERA 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 T2.3 VIEW LOOKING DOWN MARSH STREET MARSH C H O R R OHIGUERA 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 A2.0 site plan and first floor plan SCALE: 1” = 20’-0”NKEYNOTES 1. (N) TREES. SEE LANDSCAPE PLAN FOR SPECIES/SIZE. MAINTAIN 8’ CLEARANCE 2. (N) CURB CUT 3. (E) TREE TO REMAIN. MAINTAIN 8’ CLEARANCE AT SIDEWALK AROUND TREE. 4. (N) PAVING AT SIDEWALK 5. (E) GAS METER IN SIDEWALK 6. (E) PGE VAULT 7. (E) MANHOLE 8. (E) WATER METER IN SIDEWALK 9. (E) WATER METER IN SIDEWALK TO BE RELOCATED OUTSIDE OF TREE GRATE AREA 10. (E) FIRE HYDRANT 11. (E) TRUNCATED DOME - ADA MARKING STRIP 12. (E) STREET LIGHT &TRAFFIC SIGNAL 13. (E) PEDESTRIAN SIGNAL 14. (E) CURB CUT AT ALLEY 15. (N) STORMWATER BIOFILTER PLANTER TYP. 16. APPROXIMATE SIZE AND LOCATION OF (E) BASEMENT TO REMAIN (STORAGE 001) 17. NEW FINISH FLOOR GRADES AT DOOR THRESHOLDS PER 1.5% MAX CROSS SLOPE FROM ADJACENT TOP OF CURB. B 1 24'-0"15'-0"24'-0" 2 3 4 5 6 1 2 3 4 5 6 C D E F G B C D E F G 20'-0"23'-0"20'-0"20'-0" 20'-0"23'-0"20'-0"20'-0"5'-0"25'-0"20'-0"25'-0"15'-0"5'-0"25'-0"20'-0"25'-0"720'-0"7 20'-0"A A 10'-0" 10'-0" H H 22'-6" 22'-6"UPUPRETAIL 102 1,425 SF TRASH 107 612 SF UTILITY 108 480 SF 2 3 RETAIL 101 1,424 SF RETAIL 100 1,738 SF OFFICE LOBBY 104 594 SF RES. LOBBY 103 597 SF GARAGE 105 3,782 SF P.L 119.30'(E) 10'-0" ALLEY (E) ADJACENT BUILDING CHORRO STREET MARSH STREET 4 5 MC - 2 MC - 1 1-ADA BIKE 106 292 SF SHOW / LOCKERS 110 198 SF FIRE RISER 109 89 SF COVERED AREA 111 546 SF MAIL BOXES 1 1 3 2 311 45 5 6 6 7 7 8 8 8 9 10 11 12 13 10 14 5'-0"15 2 A1.1 1 A1.1 6 7 12'-4"4'-4"9'-4"12'-6"10'-0"10'-0"8'-0"16 204.5 FF 204.38 FF 204.4 FF 204.37 FF 204.15 FF 204.06 FF 204.28 FF 204.77 FF 204.61 FF 17 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 A2.1 SECOND floor plan third floor, sim. SCALE: 1” = 20’-0”N 539 Marsh Street San Luis Obispo, CA 805.541.1010 info@tenoverstudio.com MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE SAN LUIS OBISPO, CA DATE: 7/27/2020 A2.2 fourth FLOOR plan SCALE: 1” = 20’-0”N 539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.5chc & arc directional items chc directional items• Provide height analysis of buildings in vicinty• Distinguish projects shadows from others• Review existing structure potential historic eligibilty• Revise scale and mass of above fourth story• Provide less “institutional” style• Add architectural details consistent with historic district• Provide greater variety in articulation• Add variety along storefront elevationsarc directional items• Relieve building mass, provide variety of fenestration, and roof lines• Follow planning principles of the Downtown Concept Plan• Be distinctive as a gateway feature. The design should be of its own time,but compatible with adjacent historic structures• Provide greater step backs/ or consider a height reduction. Design shouldreinforce the horizontal lines of adjacent structures.• Focus on pedestrian scale, revitalize corner of Marsh & Chorro, providegreater sidewalk widths for patio dining.EXPANDED SIDEWALK PROVIDES AREAS FOR PATIO DINING AND ENHANCED PEDESTRIAN USEREVITALIZED CORNER OF MARSH & CHORRO PROVIDES A DISTINCTIVE GATEWAY FEATUREVARIETY IN FACADE ARTICULATION AND ARCHITECTURAL DETAILS TO REINFORCE PEDESTRIAN SCALE