HomeMy WebLinkAbout08-26-2020 PC Agenda PacketCity of San Luis Obispo, Agenda, Planning Co mmission
Agenda
PLANNING COMMISSION
Wednesday, August 26, 2020
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the
Governor of the State of California, the San Luis Obispo County Emergency Services Director and the City
Council of the City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March
17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, the City of
San Luis Obispo will be holding all public meetings via teleconference. There will be no physical
location for the Public to view the meeting. Below are instructions on how to view the meeting remotely
and how to leave public comment.
Additionally, members of the Planning Commission (PC) are allowed to attend the meeting via
teleconference and participate in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are
encouraged to participate in PC meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
• View the Webinar (recommended for the best viewing quality):
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➢ Webinar ID: 547-385-771
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2. Public Comment - The PC will still be accepting public comment for items within their purview.
Public comment can be submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
advisorybodies@slocity.org or U.S. Mail to City Clerk at: 990 Palm St. San Luis Obispo, CA
93401
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• Verbal Public Comment
➢ Received by 3:00 PM on the day of the meeting - Call (805) 781-7164; state and spell your
name, the agenda item number and leave your comment. The verbal comments must be limited
to 3 minutes. All voicemails will be forwarded to Advisory Body Members and saved as
Agenda Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Members of the public who wish to provide public comment can join
the webinar (instructions above). Once you have joined the webinar, please put your name
and Item # in the questions box. Your mic will be unmuted once Public Comment is called for
the Item and you will have 3 minutes to speak.
Planning Commission Agenda for August 26, 2020 Page 2
CALL TO ORDER: Chair Hemalata Dandekar
ROLL CALL : Commissioners Michael Hopkins, Steve Kahn, Nicholas Quincey,
Michelle Shoresman, Mike Wulkan, Vice-Chair Robert Jorgensen, and
Chair Hemalata Dandekar
CONSIDERATION OF MINUTES
1. Minutes of the Planning Commission meeting of August 12, 2020.
PUBLIC COMMENT
At this time, people may address the Commission about items not on the agenda. Comments are
limited to three minutes per person. Items raised at this time are generally referred to staff and, if
action by the Commission is necessary, may be scheduled for a future meeting.
PUBLIC HEARINGS
Note: Any court challenge to the action taken on public hearing items on this agenda may be
limited to considering only those issues raised at the public hearing or in written correspondence
delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak,
please give your name and address for the record. Please limit your comments to three minutes;
consultant and project presentations limited to six minutes.
2. Review of a new inclusionary housing development consisting of five, two-story structures
containing a total of 38 low-income affordable units, community room, and leasing office, on
a site designated for affordable housing. The project includes an 80% density bonus, as a
standard incentive for projects consisting of 100% affordable housing. The project also
includes a reduction in setback requirements, requested as an alternative incentive, allowing a
setback of four feet where five feet is the minimum required within the Planned Development
(PD) overlay zone. This project is consistent with the Mitigated Negative Declaration approved
with the PD rezone and Map No. 2428 (CEQA); Project Address: 3065 Lucca Lane,
Toscano Development Inclusionary Housing Site; Case #: ARCH-0095-2020 & AFFH-
0096-2020; Zone: R-2-SP-PD; Scott Smith, San Luis Obispo Non-Profit Housing
Corporation, owner/applicant. (Kyle Van Leeuwen)
Recommendation: Continue the public hearing to a date uncertain to allow for additional
review of the requested density bonus.
Planning Commission Agenda for August 26, 2020 Page 3
3. Review of an affordable housing incentive request for a previously approved mixed-use
project. The requested incentive is a density bonus of 95%, which is higher than the standard
incentive of 80%. The project will designate two one-bedroom units and two studio-units for
very-low income households, which is 35% of the site’s initial residential density. This project
is categorically exempt from environmental review (CEQA); Project Address: 1042 Olive;
Case #: AFFH-0269-2020; Zone: C-T; Olive Street, LLC, owner/applicant.
(Kyle Van Leeuwen – 35 minutes)
Recommendation: Adopt a Resolution approving the affordable housing incentive request of
95%, subject to findings and conditions of approval.
COMMENT AND DISCUSSION
4. Staff Updates & Agenda Forecast
ADJOURNMENT
The next Regular Planning Commission meeting is scheduled for Wednesday, September 9,
2020, at 6:00 p.m., via teleconference.
APPEALS
Any decision of the Planning Commission is final unless appealed to City Council within 10 days of
the action (Recommendations to City Council cannot be appealed since they are not a final action).
Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal
forms are available at the Community Development Department office, City Clerk’s office, or on the
City’s website (www.slocity.org). The appropriate appeal fee must accompany the appeal
documentation.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see the Clerk
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public.
Upon request, this agenda will be made available in appropriate alternative formats to persons with
disabilities. Any person with a disability who requires a modification or accommodation in order
to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781 -7100
at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805)
781-7410.
Planning Commission regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the Planning Commission are available for public inspection
on the City’s website: http://www.slocity.org/government/advisory-bodies. Meeting video
recordings can be found on the City’s website: http://www.slocity.org/government/department-
directory/city-clerk/on-demand-meeting-videos
City of San Luis Obispo, Council Agenda, City Hall, 99 0 Palm Street, San Luis Obispo
Minutes - Draft
Planning Commission
Minutes
Planning Commission
Regular Meeting
Wednesday, August 12, 2020
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, August 12, 2020 at 6:00 p.m., via teleconference, by Chair Dandekar.
ROLL CALL
Present: Commissioners Michael Hopkins, Steve Kahn, Nicholas Quincey, Michelle
Shoresman, Mike Wulkan, Vice-Chair Robert Jorgensen, and Chair Hemalata
Dandekar
Absent: None
Staff: Community Development Director Michael Codron, Principal Planner Tyler Corey,
Assistant City Attorney Markie Jorgensen, and Deputy City Clerk Kevin Christian
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
1.CONSENT AGENDA – CONSIDERATION OF MINUTES
ACTION: MOTION BY COMMISSIONER WULKAN, SECOND BY COMMISSIONER
SHORESMAN, CARRIED 7-0-0 to approve the Planning Commission Minutes of July 22,
2020 with modifications as follows:
With staff changes presented at the meeting and the following additions:
•Add to Condition 9 – “A landscaped berm shall be provided adjacent to Froom Ranch Way
and Dalidio Drive, in order to screen the parking area and block headlights from shining
into the street.”
•Staff and Applicant to explore the feasibility of a second minor access point for emergency
and safety or service purposes.
Item 1
Packet Page 1
Planning Commission Meeting Minutes
August 12, 2020
Page 2 of 3
Prior to introduction of Public Hearing Agenda Item 2, Commissioner Hopkins recused himself
due to a possible employment related conflict of interest and left the virtual meeting.
PUBLIC HEARING
2.Review of the Froom Ranch Specific Plan project, which includes a Specific Plan, General
Plan Amendment/Pre-zoning, Vesting Tentative Tract Map, Annexation, and related actions
that would allow for development of the 109.7-acre Froom Ranch Specific Plan area. The Draft
Specific Plan includes a mix of land uses, including a Life Plan Community with 404 units of
independent and assisted senior housing units (known as Villaggio), up to 174 multi -family
residential units, approximately 100,000 square feet of commercial/retail, open space (over
60% of the Specific Plan area), and a 3.6-acre public trailhead park that would incorporate four
relocated historic structures within the Froom Ranch Dairy Complex. A Final Environmental
Impact Report is proposed for certification. ; Specific Plan Area 3; Project Address: 12165
and 12193 Los Osos Valley Road; Case #: SPEC-0143-2017, SBDV-0955-2017, GENP-
0737-2019, ANNX-0335-2020, EID-0738-2019; Specific Plan Area 3; JM Development
Group, Inc., owner/applicant.
Principal Planner Tyler Corey introduced the project, Community Development Director
Michael Codron reviewed the history of planning for growth in the City, and Senior Plann er
Shawna Scott covered City planning efforts for this project Specific Plan. Contract Planner
Emily Creel presented the staff report and CEQA Project Manager Erika Leachman provided
a review of the Final Environmental Impact Report and responded to Commission inquiries,
with assistance from Transportation Manager Luke Schwartz.
RECESS
Following the staff presentation and questions from the Commission to Staff, Chair Dandekar
called a recess from 8:05 p.m. until 8:15p.m. The applicant presentation was presented
immediately following the recess.
Applicant representatives, Victor Montgomery of RRM Design Group and Mark DeLotto
representing Villaggio, provided an overview of the project, changes made to the project during
the design and review process, reviewed un-met community needs that the project will serve,
and responded to Commissioner inquiries.
Chair Dandekar opened the public hearing.
Public Comments
None
Chair Dandekar closed the public hearing
Item 1
Packet Page 2
Planning Commission Meeting Minutes
August 12, 2020
Page 3 of 3
ACTION: MOTION BY COMMISSIONER WULKAN, SECOND BY COMMISSIONER
KAHN, CARRIED 6-0-1 (HOPKINS RECUSED) to adopt a Resolution entitled:
“A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE FROOM RANCH SPECIFIC
PLAN, ADOPTION OF ASSOCIATED FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS, AND APPROVAL OF THE FROOM RANCH
SPECIFIC PLAN, GENERAL PLAN AMENDMENT, PRE-ZONING, VESTING
TENTATIVE TRACT MAP #3106, AND INITIATION OF THE ANNEXATION
PROCESS (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020,
EID-0738-2019; SPECIFIC PLAN AREA 3; 12165 AND 12393 LOS OSOS VALLEY
ROAD)”
The motion included direction to modify the Froom Ranch Specific Plan as follows:
• Include at least one area for active recreation in the Madonna Froom part of the project
• Include an interconnected network of pedestrian paths in the Villaggio area that connect
to the public sidewalks and Froom Ranch trail
• Design above 150-foot elevation line be sensitive to historic resources in the area, with
farmhouse vernacular architectural style
• Incorporate all other changes outlined by staff
The motion also included direction for Staff to present to the City Council options for
bikeways on one or both sides of the street from the traffic circle leading up to the park.
COMMENT AND DISCUSSION
3. Agenda Forecast – Principal Planner Tyler Corey provided an update of upcoming projects.
ADJOURNMENT
The meeting was adjourned at 10:40 p.m. The next Regular Planning Commission meeting is
scheduled for Wednesday, August 26, 2020 at 6:00 p.m., via teleconference.
APPROVED BY THE PLANNING COMMISSION: XX/XX/2020
Item 1
Packet Page 3
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a new inclusionary housing development consisting of five, two-story
structures containing a total of 38 low-income affordable units, community room, and leasing office,
on a site designated for affordable housing. The project includes an 80% density bonus, as a standard
incentive for projects consisting of 100% affordable housing. The project also includes a reduction in
setback requirements, requested as an alternative incentive, allowing a setback of four feet where five
feet is the minimum required within the Planned Development (PD) overlay zone. This project is
consistent with the Mitigated Negative Declaration approved with the PD rezone and Map No. 2428
(CEQA)
PROJECT ADDRESS: 3065 Lucca Lane BY: Kyle Van Leeuwen, Assistant Planner
Phone Number: (805) 781-7091
E-mail: kvanleeuwen@slocity.org
FILE NUMBER: ARCH-0095-2020 & FROM: Tyler Corey, Principal Planner
AFFH- 00096-2020
RECOMMENDATION
Continue the public hearing to a date uncertain to allow for additional review of the requested
density bonus.
Meeting Date: August 26, 2020
Item Number: 2
Item 2
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PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of an affordable housing incentive request for a previously approved mixed-use
project. The requested incentive is a density bonus of 95%, which is higher than the standard incentive
of 35%. The project will designate two one-bedroom units and two studio-units for very-low income
households, which is 35% of the site’s initial residential density.
PROJECT ADDRESS: 1042 Olive Street BY: Kyle Van Leeuwen, Assistant Planner
Phone Number: (805) 781-7091
E-mail: kvanleeuwen@slocity.org
FILE NUMBER: AFFH-0269-2020 FROM: Tyler Corey, Principal Planner
RECOMMENDATION
Adopt a resolution approving the affordable housing incentive request of 95%, subject to findings
and conditions of approval (Attachment 1, Draft Resolution).
SITE DATA
SUMMARY
On January 3, 2017, the City Council granted final approval of the project, which consisted of a new
four story mixed-use building with commercial/retail at the ground level (3,512 sq. ft.) and 17
extended stay hotel rooms (ARCH-2946-2016). The approval of the project’s design also included
the approval of a 25% shared and mixed-use parking reduction. The City Council adopted a
Categorical Exemption (Class 32, Infill Exemption) for the project.
The applicant, Olive Street LLC, is requesting to modify the project by replacing the 17 extended stay
hotel rooms with 15 residential units, with a residential density bonus of 95%. Of the 15 residential
units, two one-bedroom units and two studio units will be dedicated for very-low income households.
The Zoning Regulations (§17.140.070(B)(3)) allows for a density bonus in excess of the standard
percentage increase (35%) to be requested and considered by the Planning Commission (Attachment
2, Density Bonus Request Letter, Project Plans, and Elevations).
Applicant Olive Street, LLC
Representative Thomas Shorey, NCARB
Zoning C-T (Tourist Commercial)
General Plan Tourist Commercial
Site Area ~22,454 square feet (0.52 acre)
Environmental
Status
Categorically Exempt from
environmental review under
Section 15332 (In-Fill Development
Projects) of the CEQA Guidelines
Meeting Date: August 26, 2020
Item Number: 3
Item 3
Packet Page 5
AFFH-0269-2020
1042 Olive Street
Page 2
1.0 COMMISSION’S PURVIEW
Review the project for consistency with the General Plan and Zoning Regulations. Planning
Commission (PC) review is required for projects that include affordable housing alternative incentive
requests (Zoning Regulations § 17.140.070). As described below, the project design is in substantial
conformance with the current entitlement (ARCH-2946-2016), and the scope of the PC’s review is
limited to consideration of the density bonus request. Approval of the request will result in a total of
15 residential units, where 17 extended stay hotel rooms were previously approved.
2.0 PROJECT STATISTICS
Site Details Proposed Allowed/Required1
Lot Size 22,454 sq. ft. 9,000 sq. ft. (min)
Height of Structures 45 45
Max Building Coverage (footprint) 36% 75%
Density Units 13 DU (12.17 rounded up)
(with density bonus)
6.24 DU (max before
bonus)
Density Bonus 95%2 35%
Front Yard Setbacks
Side Yard Setbacks
53 feet (main structure)
0 feet
10 feet
0 feet
Vehicle Parking 35 spaces 25 spaces3
1Zoning Regulations - 2Incentive Requested - 3Entitlement ARCH-2946-2016 approved 25% parking space reduction
3.0 PREVIOUS APPROVAL
The City Council granted final approval of the project’s architecture and site design on January 3,
2017. The approval of the project’s design also included the approval of a 25% shared and mixed-
use parking reduction (Attachment 3, Council Resolution approving the project).
4.0 PROJECT ANALYSIS
The project’s architecture and site design have been previously approved. Minor changes include a
reduction of interior square footage of the fourth floor, replaced with additional deck area, and
modifications to the interior floor plans. The project’s design is in substantial conformance with the
current approval. The proposed density bonus will allow 15 residential units to be included in the
project, instead of 17 extended stay hotel rooms. The revised project also provides 3,162 square feet
of commercial/retail space, where the initial project provided 3,512 square feet of space(refer to Table
1. Project Comparison, below).
Table 1. Project Comparison
Current Entitlement Proposed Changes
Commercial/Retail Space 3,512 sq. ft. 3,162 sq. ft.
Hotel Use 17 rooms/suites 0
Residential Units 0 units 15 units
Parking Spaces Required 23 25
Parking Spaces Provided 35 35
Item 3
Packet Page 6
AFFH-0269-2020
1042 Olive Street
Page 3
This change in the project must conform to the standards and limitations of the Zoning Regulations
and be consistent with the General Plan. Staff has evaluated the project and finds the project in
substantial compliance with the applicable standards, as discussed in this analysis.
4.1 Consistency with the General Plan
The Housing Element (HE) provides programs and policies that speak specifically to supporting
affordable housing projects. The project is consistent with the HE, which encourages the
consideration of increased density bonuses above state allowances where appropriate1 and directs
decisionmakers to promote higher densities2 and incentivize affordable housing through density
bonuses3. The project is also consistent with Conservation and Open Space Element (COSE) Policy
4.4.34 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.
4.2 Consistency with the Zoning Regulations
The project design complies with lot coverage, setbacks, and building height requirements for the
Tourist Commercial (C-T) zone (Zoning Regulations Chapter 17.34), as was affirmed by the City
Council’s previous review and approval. The proposed change to the project, which would allow a
total of 15 residential units, also changes the number of required parking spaces. The parking provided
by the project meets current parking requirement standards for the commercial space and residential
units.
4.3 Affordable Housing Alternative Incentive
The City of San Luis Obispo has recognized housing as an important issue within the City. The City’s
Housing Element includes numerous policies and programs that support incentives, such as density
bonuses, to provide housing for low, very low and extremely low-income households. Per State law,
projects that provide affordable housing are allowed up to 35% density bonus based on the number
of deed-restricted affordable units provided in the project. Zoning Regulations Section
17.140.070(A)(3) states that three incentives or concessions shall be granted for housing
developments that include at least 15% for very-low income households. The proposed project
provides 35% of units, based on initial density, to be dedicated to very low-income households, and
thus may request three incentives or concessions. Chapter 17.140 of the Zoning Regulations
(Affordable Housing Incentives) outlines various incentives for affordable housing projects that
developers can request. Specifically, Zoning Regulations Section 17.140.040(A) provides that a
density bonus in excess of 35% can be approved at the request of the developer, and Section
17.140.070(B)(3) also identifies granting a density bonus in excess of State allowances as an
alternative incentive.
1 Housing Element Program 2.17: Continue to consider increasing residential densities above state density bonus allowances for
projects that provide housing for low, very low and extremely low income households.
2 Housing Element Policy 6.10: To help meet the Quantified Objectives, the City will support residential infill development and
promote higher residential density where appropriate.
3 Housing Element Program 6.19: Continue to incentivize affordable housing development with density bonuses, parking
reductions and other development incentives, including City financial assistance.
4 COSE Policy 4.4.3 Compact, high-density housing: The City will promote higher-density, compact housing to achieve more
efficient use of public facilities and services, land resources, and to improve the jobs/housing balance.
Item 3
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AFFH-0269-2020
1042 Olive Street
Page 4
The Department of Housing and Urban Development’s Housing Accountability Act and Density
Bonus Law provide protections for housing development projects generally and for those which
include density bonuses. Government Code Sections 65915(d)(1)(B) and (d)(3) prevent an agency
from denying the density bonus or the incentive or concession or refusing to waive or reduce
development standards, unless the agency can make a written finding, based on substantial evidence,
that the density units, the incentive or concession or the waiver or reduction in a development
standard: (1) does not result in identifiable and actual cost reductions to provide for affordable
housing; and (2) would have a “specific, adverse impact” upon the public health, safety, or the
physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.5
Density Bonus as an Alternative Incentive Request: The site, zoned C-T, has an allowable density of
6.24 density units, based on the site’s net acreage (12 units per acre). The applicant is requesting a
density bonus of 95% as one of its alternative incentives, which would increase the total number of
density units to 12.17 (rounded up to 13 density units pursuant to Section 17.140.040(B)). To receive
the 95% density bonus as an alternative incentive, the applicant must dedicate a certain percentage of
the initially allowed units as affordable housing. Moreover, a density bonus for very-low income
dedicated units is calculated based on the rates of increase set by Table 8-3 of the Zoning Regulations
(see Zoning Regulations § 17.140.040(E).). Table 8-3 lists bonus percentages for dedications up to
11% and density bonuses up to 35%. Therefore, when an applicant is requesting a density bonus
larger than 35% as an alternative incentive (as outlined in Zoning Regulations § 17.140.040(E)), staff
expands Table 8-3 to establish the rates of dedication required for the requested density bonus. Here,
by expanding Table 8-3, staff has determined that the applicant must dedicate 35% of the initially
allowed units as very-low income housing to receive a 95% density bonus. For this project, the
applicant is proposing to dedicate two one-bedroom units and two studio units (2.32 of the 6.24 base
density units, or approximately 37% of its density base units) as very-low income, which is more than
the 35% dedication percentage needed to receive a 95% density bonus, per the expanded Table 8-3.
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 32, In -Fill Development Projects; Section 15332 of
the State California Environmental Quality Act (CEQA) Guidelines, because the project is consistent
with General Plan policies for the land use designation and is consistent with the applicable zoning
designation and regulations. The project site occurs on a property of no more than five acres that is
substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened
species. The project site is served by required utilities and public services. The project has been
reviewed by the City Public Works Department, Transportation Division, and no significant traffic
impacts were identified, based on the size and location of the project. Consistent with the previous
approval of the project, approval of the density bonus would not result in any significant traffic, noise,
air quality, or water quality impacts.
6.0 OTHER DEPARTMENT COMMENTS
All City Departments have reviewed the project and have provided comments that are incorporated
5 Government Code § 65589.5(j)(1). Definition of ‘Specific, Adverse Impact’: Significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions
as they existed on the date the application was deemed complete
Item 3
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AFFH-0269-2020
1042 Olive Street
Page 5
into the staff report and recommended resolution as conditions of approval.
7.0 ACTION ALTERNATIVES
7.1 Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required.
7.2 Deny the project. An action denying the application should include findings that cite the basis
for denial and should reference inconsistency with the General Plan, Community Design
Guidelines, Zoning Regulations or other policy documents. Should the Planning Commission
want to pursue this alternative, Staff recommends that the specific findings under Government
Code §§ 65915(d)(1)(B) and (d)(3) are adequately addressed.
8.0 ATTACHMENTS
1. Draft Resolution
2. Density Bonus Request Letter, Project Plans, and Elevations
3. Council Resolution approving the project
Item 3
Packet Page 9
RESOLUTION NO. PC-XXXX-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A RESIDENTIAL
DENSITY BONUS OF 95% AS AN AFFORDABLE HOUSING INCENTIVE
ALLOWING 15 RESIDENTIAL UNITS, INCLUDING FOUR UNITS
DESIGNATED FOR VERY-LOW INCOME HOUSEHOLDS, WITHIN A
PREVIOUSLY APPROVED MIXED-USE PROJECT, WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
AUGUST 26, 2020 (AFFH-0269-2020).
WHEREAS, the City Council of the City of San Luis Obispo adopted Resolution No.
10766 (2017 Series) approving the development of a four-story mixed-use project on January 3,
2017, pursuant to a proceeding instituted under ARCH-0568-2016, Garcia Family Trust, applicant;
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on August 26, 2020, pursuant to a proceeding instituted under AFFH-0269-
2020, Olive Street LLC, applicant; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval to the
project (AFFH-0269-2020), based on the following findings:
1. The requested density bonus 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 will be compatible
with site constraints and the scale and character of the neighborhood.
2. The requested density bonus and changes to project plans are consistent with Council
Resolution No. 10766 (2017 Series), approving the project design submitted under ARCH-
0568-2016, because the project has not increased in overall square footage and all
architectural features and design elements are retained.
3. The requested density bonus is consistent with Housing Element Program 2.17, which
encourages the City to consider residential densities above the state density bonus allowance
for projects providing housing for very-low income households.
Item 3
Packet Page 10
Resolution No. PC-xxxx-20
1042 Olive Street, AFFH-0269-2020
Page 2
4. The requested density bonus is consistent with the intent of Housing Element Policy 6.10 and
Program 6.19, because it promotes higher residential densities and incentivizes affordable
housing by providing a density bonus.
5. The requested density bonus is consistent with 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.
6. The requested density bonus will provide quality affordable housing units consistent with the
intent of Chapter 17.140 of the Zoning Regulations.
SECTION 2. Environmental Review. The project is categorically exempt under Class
32, In-Fill Development Projects; Section 15332 of the State California Environmental Quality
Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land
use designation and is consistent with the applicable zoning designation and regulations. The
project site occurs on a property of no more than five acres that is substantially surrounded by
urban uses that has no value as habitat for endangered, rare or threatened species. The project site
is served by required utilities and public services. The project has been reviewed by the City Public
Works Department, Transportation Division, and no significant traffic impacts were identified,
based on the size and location of the project. Consistent with the previous approval of the project,
approval of the density bonus would not result in any significant traffic, noise, air quality, or water
quality impacts.
SECTION 3. 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 Planning Commission hereby grants final
approval to the project with incorporation of the following conditions:
1. Final project design and construction drawings submitted for a building permit shall be in
substantial conformance with the project plans approved by City Council Resolution No.
10766 (2017 Series) and approved by the Planning Commission on August 26, 2020. A
separate, full-size sheet shall be included in working drawings submitted for a building permit
that lists all conditions, from both the design and density bonus approvals, 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 reviewed by the
Architectural Review Commission and approved by the Director or Planning Commission, as
deemed appropriate.
2. 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 four very-low income units consistent with Table 8-3 of the Zoning
Regulations (§17.140.040.E), to the satisfaction of the Community Development Director.
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1042 Olive Street, AFFH-0269-2020
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Indemnification
3. 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.
On motion by ________________, seconded by _________________, and on the following
roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 26th day of August 2020.
_____________________________
Tyler Corey, Secretary
Planning Commission
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RESOLUTION NO. 10766 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL FILED BY DAVID
BRODIE AND THEREBY APPROVING THE DEVELOPMENT OF A
NEW FOUR STORY MIXED-USE PROJECT INCLUDING GROUND
FLOOR COMMERCIAL/RETAIL SPACE, 17 EXTENDED -STAY HOTEL
ROOMS, AND A 25% MIXED-USE AND SHARED PARKING
REDUCTION, WITH A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE CITY
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED JANUARY
3, 2017 (1042 OLIVE STREET, APPL-4010-2016)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 3, 2016, with a three -two vote approved the project, subject to the
findings and conditions of ARC Resolution No. ARC -1026-16 pursuant to a proceeding instituted
under ARCH -2946-2016, Garcia Family Trust, applicant; and
WHEREAS, on October 13, 2016, David Brodie, the appellant, filed an appeal of the
Architectural Review Commission's action on October 3, 2016; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on January
3, 2017, pursuant to a proceeding instituted under APPL-4010-2016, David Brodie, appellant; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings to deny the appeal (APPL-4010- 2016) of the Architectural Review Commission
decision, thereby granting final approval to the project (ARCH -2946-2016):
1. 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 complies with development
standards for the Tourist Commercial (C -T) zone, including, but not limited to,
standards for height, setbacks and lot coverage and is compatible with the scale and
character of the neighborhood comprised of restaurants, motels, and residential uses.
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Resolution No. 10766 (2017 Series)
2. The proposed project is consistent with the General Plan for this location because the
project proposes to construct a building that includes commercial and hotel uses that
are allowed within the Tourist -Commercial zone.
3. The proposed project is consistent with Land Use Element policies 3.6.2 & 3.6.2
Tourist Commercial Uses) and 3. 8.5 (Mixed Uses), because the project provides a mix
of uses within a commercial district that is appropriate and compatible with the existing
neighborhood in close proximity to major transportation corridors, such as Highway
one and 101, and transit opportunities along Santa Rosa Street.
4. The project design maintains consistency with the City's Community Design
Guidelines by providing architectural interest through the use of articulation and a
variety of building materials, and an attractive style that includes, but is not limited to,
flat roofs and metal design elements, which complements the character and scale of the
existing neighborhood.
5. The proposed height, mass and scale of the project will not negatively impact the
neighboring properties because the project respects the privacy of neighboring
buildings and protects solar access through site planning and street -yard setback.
6. As conditioned, the 25% shared/mixed-use parking reduction for the project to reduce
the required parking from 30 parking spaces to 23 parking spaces will not result in poor
on-site circulation or adversely affect the surrounding neighborhood, because the hotel
and commercial uses will have peak parking demand that will not coincide.
SECTION 2. Environmental Review. The project is categorically exempt under Class
32, In -Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation and is consistent with the
applicable zoning designation and regulations. The project site occurs on a property of no more
than five acres substantially surrounded by urban uses that has no value as habitat for endangered,
and can be adequately served by all required utilities and public services.
SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural
Review Commission's action to approve the proposed project, hereby granting final approval of
the application ARCH -2946-2016 for a new four story Mixed -Use project including ground floor
commercial/retail space, 17 Extended -stay hotel rooms, and a 25% shared/mixed-use parking
reduction, subject to the following conditions:
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Conditions
Planning
1. 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.
2. Architectural approval of this project will expire after three years if construction has not
started. On request, the Community Development Director may grant a single, one-year
extension.
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the ARC. A separate, full-size
sheet shall be included in working drawings submitted for a building permit that lists all
conditions and code requirements of project approval listed as sheet number 2. Reference
shall be made in the margin of listed items as to where in plans requirements are addressed.
Any change to approved design, colors, materials, landscaping, or other conditions of
approval must be approved by the Director or Architectural Review Commission, as deemed
appropriate.
4. The property owner shall be responsible for maintaining and updating the current parking
calculation for the commercial component of the project upon the submittal of Planning and
Building permits for tenant changes or improvements to ensure the site does not become
under -parked, and to ensure compliance with the requirement that peak hours will not coincide
between uses.
5. All onsite parking areas shall be open to the parking needs of both the hotel and commercial
uses. No section of parking shall be exclusively designated/reserved for any specified tenants.
6. The building shall comply with residential density standards for any room, or groups of rooms,
that are occupied by the same person, or persons, for a period lasting more than 30 consecutive
days.
7. The applicant shall submit building plans that include a trash enclosure design that is finished
with high quality materials to match the architecture of the project buildings which shall be
fully screened from upper stories with a trellis or other horizontal cover; the design of the
enclosure is subject to the Community Design Guidelines, to the satisfaction of the
Community Development Director.
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8. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Materials shall be consistent with the color and
material board submitted with Architectural Review application. The ARC recommends that
the applicant modify the proposed color palate to include additional and/or more muted
colors.
9. The ARC recommends that the applicant explore the possibility of incorporating a public art
installation to the proposed development.
10. Plans submitted for a building permit shall include window details indicating 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, surround recesses and other related
window features.
11. Plans submitted for construction permits will include elevation and detail drawings of all
walls and fences. Fences, walls, and hedges will comply with the development standards
described in the Zoning Regulations (§ 17.16.050 —Fences, Walls, and Hedges).
12. 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 insure that light
is directed downward consistent with the requirements of the City's Night Sky Preservation
standards contained in Chapter 17.23 of the Zoning Regulations.
13. Mechanical and electrical equipment shall be located internally to the building. 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 provide adequate
screening. A line -of -sight diagram shall be included to confirm that proposed screening will
be adequate. This condition applies to both initial project construction and later building
modifications and improvements.
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 final landscaping plan shall incorporate additional landscaping, including tree types that
provide full canopies near the street frontage parking spaces and a landscaped island in the
front parking area to break up the line of parking.
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16. Planters shall be placed after each six parking spaces in any row, and at the end of each row
of parking spaces, in compliance with Parking and Driveway Standards Section 1.1 to the
satisfaction of the Community Development Director.
17. 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.
18. Any proposed signs are subject to review and approval of the Community Development
Department and subject to a sign permit. The Community Development Director shall refer
signage to the ARC if signs need an exception or appear to be excessive in size or out of
character with the project.
19. 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.
Engineering Division — Public Works/ Community Development
20. Projects involving the construction of a new structure requires that complete frontage
improvements be installed or that existing improvements be upgraded per city standard. MC
12.16.050
21. A separate encroachment permit shall be required from Cal Trans for any construction or
construction staging within or affecting the Cal Trans right-of-way.
22. The building plan submittal shall show and label the property line dimensions and bearings.
The building footprint and required setbacks in accordance with the California Building Code
shall honor the record property line dimensions and bearings unless an alternate measured
dimension can be supported.
23. The building plan submittal shall show the new driveway approach to be upgraded to comply
with current standards. The current city and ADA standard requires a 4' accessible sidewalk
extension behind the ramp. All other driveways are to be removed and replaced with curb,
gutter, and sidewalk per City Engineering Standards.
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24. Development of the driveway and parking areas shall comply with the Parking and Driveway
Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving
materials are recommended for water quantity and/or quality control purposes and in the area
of existing or proposed trees and where the driveway or parking area may occur within the
dripline of any tree. Alternate paving material shall be approved to the satisfaction of the
Planning Division.
25. The building plan submittal shall show all required short-term and long-term bicycle parking
per M.C. Section 17.16, Table 6.5, 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.
26. The building plan submittal shall include complete details of the secured bicycle storage area.
Include any specialized rack designs and clearance in accordance with City Engineering
Standards and Community Design Guidelines or as approved by the City.
27. 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
and overhead services shall be shown along with any proposed alterations or upgrades. The
existing terminal joint pole shall be removed and services to the new structure shall be
underground from the existing joint pole across Olive Street. All work in the public right-of-
way shall be shown or noted.
28. The City shall review and approve the preliminary PG&E handout package prior to building
permit issuance. The City shall review and approve the final PG&E handout package prior to
building permit final.
29. The building plan submittal shall show the two existing monitoring wells to be abandoned
per City Engineering Standards.
30. Provisions for trash, recycle, and green 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. The building plan submittal shall show the trash enclosure to be
designed in accordance with City Engineering Standard 1010.B.
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31. The building plan submittal shall include a complete grading and drainage plan. The grading
and drainage plan shall show existing structures and grades located within 15' of the property
lines in accordance with the grading ordinance. The plan shall consider historic offsite
drainage tributary to this property that may need to be accepted and conveyed along with the
improved on-site drainage. This development may alter and/or increase the storm water
runoff from this site or adjoining sites. The improved or altered drainage shall be directed to
the street and not across adjoining property lines unless the drainage is conveyed within
recorded easements or existing waterways.
32. The building plan submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for newly
developed sites. Include a complete Post Construction Stormwater Control Plan Template as
available on the City's Website.
33. The soils engineer shall review and provide specific recommendation regarding the proposed
stormwater and drainage strategy. The soils report shall include infiltration testing to justify
the proposed design. Otherwise provide additional storage volume in compliance with the
post construction stormwater requirements.
34. An operations and maintenance manual will be required for the post construction stormwater
improvements. The manual shall be provided at the time of building permit application and
shall be accepted by the City prior to building permit issuance. A private stormwater
conveyance agreement will be required and shall be recorded prior to final inspection
approvals.
35. This development shall comply with the Waterways Management Plan. The building plan
submittal shall include a complete drainage report along with grading, drainage, and erosion
control plans in accordance with the Waterways Management Plan Volume III, Drainage
Design Manual. The drainage report shall include a summary response to all items in Section
2.3.1 of the manual.
36. The building plan submittal shall show all existing trees on the property with a trunk diameter
of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root
systems that extend onto the property shall be shown for reference. The plan shall note which
trees are to remain and which trees are proposed for removal. Include the diameter and
species of all trees. Tree canopies should generally be shown to scale for reference. The City
supports the proposed palm tree removal with the proposed compensatory tree plantings.
37. The building plan submittal shall show new street trees in accordance with City Engineering
Standards. One 15 -gallon street tree is required for each 35 linear feet of frontage. New street
tree plantings shall be located in the sidewalk area in tree wells in accordance with city
engineering standard #8130 which includes a decorative metal tree grate.
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Utilities Department
38. The property's existing sewer lateral to the point of connection at the City main must pass a
pipeline video inspection (visual inspection of the interior of the pipeline), including repair
or replacement, as part of the project. The pipeline video inspection shall be submitted during
the Building Permit Review Process for review and approval by the Utilities Department prior
to issuance of a Building Permit. Additional information is provided below related to this
requirement:
The pipeline video inspection shall be submitted on USB drive and shall be in color.
The inspection shall be of adequate resolution in order to display pipe.
Material submitted shall include the project address and a scaled plan of the
building and the lateral location to the connection at the City sewer main.
The inspection shall include tracking of the pipeline length (in feet) from the start
of the inspection to the connection at the City sewer main.
It is o tpionaltoprovideaudioonthereporttoexplainthelocation, date of
inspection, and pipeline condition observations.
Code Requirements
Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's
Municipal Code. Recycled water is available through the City's Construction Water Permit
program.
Upon Motion of Council Member Christianson, seconded by Vice Mayor Rivoire, and on the
following roll call vote:
AYES: Council Members Christianson and Gomez,
Vice Mayor Rivoire
NOES: Council Member Pease, and Mayor Harmon
ABSENT: None
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The foregoing resolution was adopted this 3`d day of January 2017.
j Kyor;ieidi Harmo
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS
1. 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, this l Q±h day $ o j -7
Carrie Gallagher
City Clerk
I'MIM170
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