HomeMy WebLinkAboutPC-1021-20 (ARCH-0095-2020 and AFFH-0096-2020 -- 3065 Lucca Lane)RESOLUTION NO. PC-1021-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING AN INCLUSIONARY
HOUSING DEVELOPMENT CONSISTING OF FIVE, TWO-STORY
STRUCTURES CONTAINING A TOTAL OF 38 LOW-INCOME
AFFORDABLE UNITS, A COMMUNITY ROOM AND LEASING OFFICE,
AND ALTERNATIVE INCENTIVES FOR AFFORDABLE HOUSING
INCLUDING AN 89% DENSITY BONUS AND A RELAXATION OF
DEVELOPMENT STANDARDS TO ALLOW A SETBACK OF FOUR
FEET WHERE FIVE FEET IS THE STANDARD, IN ACCORDANCE
WITH THE MITIGATED NEGATIVE DECLARATION ER-98-06, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
SEPTEMBER 9, 2020 (3065 LUCCA LANE ARCH-0095-2020/AFFH-0096-
2020)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15,
2014, approving modified conditions of approval for Vesting Tentative Tract Map 2428 adopted
through City Council Resolution No. 10514 (2014 Series) originally approved through City
Council Resolution No. 9917 (2007 Series) pursuant to a proceeding instituted under MOD/TR/ER
121-13, Margarita Ranch SLO, LLC, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing via teleconference, per 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, on June 15, 2020, recommending the Planning Commission find the project consistent
with the Community Design Guidelines and Margarita Area Specific Plan Design Guidelines,
pursuant to a proceeding instituted under ARCH-0095-2020, and AFFH-0096-2020, San Luis
Obispo Non -Profit Housing Corporation, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing via teleconference, per 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, on
September 9, 2020, pursuant to a proceeding instituted under ARCH-0095-2020, and AFFH-0096-
2020, San Luis Obispo Non -Profit Housing Corporation, 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:
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SECTION 1. Findings. The Planning Commission hereby grants final approval to the
project (ARCH-0095-2020 & AFFH-0096-2020), based on the following findings:
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 will be compatible with site
constraints and the scale and character of the neighborhood.
2. The project is consistent with the Housing Element because the project provides a variety of
residential types, sizes, and styles of dwellings (HE 5.4). The project supports Housing
Element Policies related to inclusion and expansion of affordable housing units within the
City (HE 1. 1, 1.2, 2.1, 2.2, 7.1, 7.2, and 8.1).
3. The project is consistent with the Margarita Area Specific Plan because the project site is one
of two sites dedicated to provide a minimum of 40 affordable dwellings within the housing
tracts of the western enclave of the Margarita Area (Tract 2343, 2353, & 2428), and the
proposed project will provide 38 units with the remainder provided on the second site.
4. The project fulfills Condition #77 of Council Resolution No. 10514 (2014 Series), which
requires the development of affordable housing units within Tract 2428 (Toscano
Development), and is consistent with Council Resolution 10825 (2017 Series) which
approved the final map that created the seven lots dedicated to the Housing Authority and are
proposed to be developed.
5. The design of the project is consistent with the Community Design standards of the Margarita
Area Specific Plan and incorporates articulation, massing, and a mix of color/finish materials
that are compatible with the neighborhood and complementary to other development within
the immediate vicinity.
Density Bonus
6. 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 low-income households.
7. 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.
8. 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, land resources, and to improve the City's jobs/housing
balance.
9. The Margarita Area Specific Plan limits the locations of density bonuses within Residential
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Development Areas due to the need for consistency with the County Airport Land Use Plan,
and density bonuses are only available in the areas identified in Figure 5 of the Plan. The
location of the proposed structures is within the area identified in Figure 5 of the Margarita
Specific Plan and is therefore consistent with the County Airport Land Use Plan.
10. The proposed project will provide quality affordable housing consistent with the intent of
Chapter 17.140 of the Municipal Code, and the requested density bonus and reduction to site
development standards is necessary to facilitate the production of affordable housing units.
Setback Exception
11. The proposed project will provide for affordable housing units consistent with the intent of
Chapter 17.140 of the Zoning Regulations, and the requested reduction to site development
standards, allowing a setback of four feet where five feet is the standard requirement of the
Planned Development Ordinance, is necessary to facilitate the production of the affordable
housing.
12. The proposed setback of four feet will not alter the overall character of the neighborhood
because only a corner of the structure will be setback less than five feet, landscaping will be
provided between the pedestrian path and the structure, and based on the location of the
building, the reduction will not deprive any adjacent property of views or reasonable solar
access.
SECTION 2. Environmental Review. On October 12, 2004, the City Council certified the
Final Program EIR for the Margarita Area Specific Plan through Council Resolution 9615 (2004
Series). On July 3, 2007, the City Council adopted Resolution No. 9917, adopting a Mitigated
Negative Declaration (MND), and approving the project's Vesting Tentative Tract Map JR, PD,
and ER 98-06). On April 15, 2014, the City Council reviewed an Addendum to the MND in
connection to proposed modifications to the conditions of approval for Vesting Tentative Tract
Map #2428 and found that no changes to the previously adopted mitigation measures were
warranted. City Council Resolution No. 10514 (2014 Series) restated all mitigation measures and
provided updated conditions of approval for the project. City Council Resolution No. 10514
includes Condition #77 which requires that Lots 171-175 of Tract #2428 be dedicated for
affordable housing to provide for the required affordable units of the Toscano development. Minor
modifications to the approved tract map were included with the final map approval of the
development Phase 2 (Resolution No. 10825), one outcome of these changes was the required
dedication of lots was increased from five to seven lots. The project is consistent with the adopted
Mitigated Negative Declaration for Tract Map #2428, all mitigation measures adopted as part of
the MASP EIR and Subsequent MND that are applicable to the proposed project are carried
forward and applied to the proposed project to effectively mitigate the impacts that were previously
identified.
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
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approval to 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 Planning Commission (ARCH-
0095-2020). 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 reviewed by the
Architectural Review Commission and approved by the Director or Planning Commission, as
deemed appropriate.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board presented at the Planning Commission Hearing on September 9,
2020.
3. 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.
4. All wall -mounted lighting fixtures shall be clearly called out on building elevations included
as part of working drawings. All wall -mounted lighting shall complement building
architecture. The lighting schedule for the building shall include a graphic representation of
the proposed lighting fixtures and cut -sheets on the submitted building plans. The selected
fixture(s) shall be shielded to ensure that light is directed downward consistent with the
requirements of the City's Night Sky Preservation standards contained in Chapter 17.70.100
of the Zoning Regulations.
5. 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.
6. Plans submitted for a building permit shall include a speed bump, tabletop, or other traffic
calming measure near the vehicle entrance to the site, to the satisfaction of Transportation
Division of the Public Works Department and Community Development Director.
7. Plans submitted for a building permit shall show a low wall, fence, or other form of permanent
improvement near the western edge of the site, adjacent to the tandem parking spaces, to
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prevent the intrusion of light into nearby homes from vehicle headlights. A section exhibit
shall be provided to confirm that the feature would block light intrusion.
Engineering Division — Public Works/Community Development
8. The underlying lots shall be merged prior to building permit issuance. A separate Lot Merger
application shall be submitted to the Planning Division to merge the lots.
9. The building plan submittal shall show and label all existing property lines and easements in
accordance with the map for Tract 2428.
10. The building plan submittal shall include a complete grading and drainage plan showing all
existing and proposed contours, walls, grading setbacks, and any wall/fence combinations.
Wall/fence combinations shall conform with fence height requirements unless otherwise
approved by the Planning Division.
11. The grading plan and supporting drainage report submitted with the building plans shall show
and note compliance with the Drainage Design Manual and Post Construction Stormwater
Regulations.
12. The building plan submittal shall include a complete site utility plan showing all existing and
proposed utilities along with any modifications to the existing infrastructure.
13. Prior to occupancy of the new structures, the developer shall restore all existing improvements
damaged or affected during the development of the site, in accordance with the Tract 2428
improvement plans including any private Home Owners Association (HOA) improvements.
Separate encroachment permit inspection fees may be required for the Public Works
Department inspection/re-inspection of the original subdivision improvements.
14. The building plan submittal shall show and note compliance with the Parking and Driveway
Standards unless otherwise approved by the Planning Division. The building plan submittal
shall include a Parking Management Plan. The plan shall be approved to the satisfaction of
the Planning Division and Transportation Division of Public Works.
15. The building plan submittal, site development plans, and/or landscape plans shall clarify how
access controls will be implemented along the creek corridor located westerly of the
development. Any proposed plantings and/or fencing shall be approved to the satisfaction of
the Planning Division and Sustainability & Natural Resources Official. If approved for
deferral, a separate covenant agreement may be required to allow for future access controls
implementation to eliminate or reduce encroachment or transit through the creek/riparian
corridor.
16. The building plan submittal shall include a construction management plan to minimize
impacts to the existing developed neighborhood including both the public and private
improvements, roadways, and driveways. The plan shall be approved to the satisfaction of
the Planning Division and Transportation Division of the Public Works Department. The
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approved construction management plan, as well as an approximate timeline for construction
activities, shall be shared with all residential units that take access from Lucca Lane and with
the Toscano Homeowners Association, and contact information for the on -site construction
supervisor shall be provided.
Building Division — Community Development
17. 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.
Transportation Division — Public Works
18. The property management for the site shall ensure that tandem parking spaces be assigned to
a single unit. Plans submitted for a building permit shall show how these spaces will be
designated.
19. The property management for the site shall ensure that a bike sharing program is provided to
the residents of the development. Prior to occupancy, the applicant shall work with the
Transportation Division to develop an appropriate program and provide a document detailing
the program to the Community Development Department.
Utilities Department
20. The construction plans for sewer and water services shall be in accordance with the
engineering design standards in effect at the time the building permit is approved.
21. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is issued and shall have reasonable alignments needed
for maintenance of public infrastructure along public roads.
22. The site is within the City's Water Reuse Master Plan area and landscape irrigation for the
project shall utilize recycled water. The project shall connect to the 8" HDPE recycled water
main in San Vincenzo Drive to serve the site with recycled water.
23. 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.
24. 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
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Municipal Code. Recycled water is available through the City's Construction Water Permit
program.
25. 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.
26. Trash enclosure(s) shall conform the requirements by the San Luis Garbage Company and
refuse bins shall be sized to provide a reasonable level of service. Separate refuse bins shall
be accommodated within the site for the three (3) waste streams, trash, recycling, and
organics.
27. Onsite driveways and access routes to all refuse receptacles shall be designed to accommodate
the size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project.
Indemnification
28. 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 Vice -Chair Jorgensen, seconded by Commissioner Hopkins, and on the
following roll call vote:
AYES: Commissioners Hopkins, Quincey, Shoresman, Wulkan, Vice -Chair Jorgensen and
Chair Dandekar
NOES: None
REFRAIN: None
ABSENT: Commissioner Kahn
The foregoing resolution was passed and adopted this 9" day of September 2020.
Tyler Corey, Kretary
Planning Codtifiission