HomeMy WebLinkAboutPC-1028-20 (ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020 -- 830 Orcutt Rd.)RESOLUTION NO. PC-1028-20
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING THE DEVELOPMENT OF A THREE-
STORY MIXED -USE PROJECT WITHIN THE COMMERCIAL
SERVICES ZONE, CONSISTING OF 15 RESIDENTIAL UNITS AND 1,500
SQUARE FEET OF COMMERCIAL SPACE. THE PROJECT INCLUDES
A DENSITY BONUS OF 5% INCLUDING A REQUEST FOR AN
ALTERNATIVE INCENTIVE TO RELAX DEVELOPMENT STANDARDS
FOR THE CREEK SETBACK REQUIREMENT TO ALLOW A MINIMUM
TWO FOOT SETBACK, WHERE 20 FEET IS NORMALLY REQUIRED, A
REQUEST TO ALLOW RESIDENTIAL USES ON THE GROUND FLOOR
WITHIN THE FIRST 50 FEET OF THE STRUCTURE ALONG THE
STREET FRONTAGE, AND A REQUEST FOR A 10 PERCENT PARKING
REDUCTION. PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED DECEMBER 9, 2020 (830
ORCUTT ROAD, ARCH-0764-2019, AFFH-0210-2020, & USE-0209-2020)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a meeting via teleconference on July 6, 2020, and continued the project to a date
uncertain and provided directional items to the applicant and staff, pursuant to a proceeding
instituted under ARCH-0764-2019 and AFFH-0210-2020, 830 Orcutt, LLC, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a meeting via teleconference on August 17, 2020, recommending the Planning
Commission find the project consistent with the Community Design Guidelines with identified
directional items, pursuant to a proceeding instituted under ARCH-0764-2019, AFFH-0210-2020,
and USE-0209-2020, 830 Orcutt, LLC, applicant; and
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a meeting via
teleconference on September 28, 2020, recommending the Planning Commission find the project
consistent with the Tree Ordinance with identified directional items, pursuant to a proceeding
instituted under ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020, 830 Orcutt, LLC,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
meeting via teleconference on October 14, 2020, and continued the project to a date uncertain and
provided directional items to the applicant and staff, pursuant to a proceeding instituted under
ARCH-0764-2019 and AFFH-0210-2020, 830 Orcutt, LLC, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted meeting
via teleconference on December 9, 2020, pursuant to a proceeding instituted under ARCH-0764-
2019, AFFH-0210-2020, and USE-0209-2020, 830 Orcutt, LLC, applicant; and
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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; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval to the
project (ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020), based on the following
findings:
1. 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.
2. The project is consistent with the Housing Element because the project provides a variety
of residential types, sizes, and style of dwellings. Housing Element Program 6.15 identifies
the project site within the South Broad Street corridor (which includes properties along
Orcutt Road) as an area for higher -density, infill, or mixed -use housing.
3. The project 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 jobs/housing balance.
4. As conditioned, the project is consistent with the Zoning Regulations for Mixed -Use
Projects (Section 17.70.130), since the proposed building design complies with objective
design criteria and performance standards for mixed -use development by providing
internal compatibility between the different uses in terms of noise, hours of operation,
vehicle and pedestrian circulation, access, and use of open space.
Minor Use Permit Findings
5. As conditioned, the establishment, maintenance, or operation of the proposed project will
not, in the circumstances of this particular case, be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity of the proposed use, or
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City because the project has been designed to address noise, glare,
and pedestrian traffic that is compatible and consistent with the mix of residential and
commercial uses on site.
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6. As conditioned, the proposed project is consistent with the General Plan Land Use Element
for this location since the project proposes to construct a mixed -use building that includes
commercial service uses and residential uses that are consistent with activities envisioned
by the Services and Manufacturing Land Use designation.
7. As conditioned, the project complies with all applicable provisions of the Zoning
Regulations as described within the property development standards for the C-S zone and
mixed -use development. The proposed uses are compatible with the project site and with
existing and potential uses in the vicinity which include commercial services and
residences.
8. As conditioned, the mixed -use project is compatible at this location because the project is
located in an area that has been identified for higher -density housing, which is located
directly across the street from existing high -density residential developments. The
proposed residential and commercial activities are compatible with existing and future land
uses in the vicinity because the project has been designed to orient commercial uses toward
the street and residential open space areas are located internal to the site
9. The site is physically suitable in terms of public utilities, traffic generation, and public
emergency vehicle access, because the proposed project is within an existing developed
neighborhood that provides adequate utilities, vehicle parking, and site circulation. The site
is adequate for the project in terms of size, configuration, topography, and other applicable
features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use.
Development Review Findings
10. As conditioned, the project is consistent with the Community Design Guidelines for
commercial and multi -family housing design and infill development because the
architectural style is complementary to the surrounding neighborhood and is designed
consistent with the prevailing setback pattern of the neighborhood.
11. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to
the building design that are compatible with the design and scale of the existing structures
in the surrounding neighborhood (CDG, Chapter 5.3).
12. As conditioned, the project respects the privacy of adjacent residences through appropriate
building orientation and windows that minimize overlook and do not impair the privacy of
the indoor or outdoor living space of neighboring structures.
13. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the street's appearance because the development is
designed in a manner that does not deprive reasonable solar access to adjacent properties.
The project incorporates vertical and horizontal wall plan offsets, which provide a high -
quality and aesthetically pleasing architectural design.
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Placement of Residential Units along Street Frontage
14. The allowance of ground -floor residential units within the first 50 feet of floor area adjacent
to the street will not negatively alter the overall character of the neighborhood or the streets
appearance because primary commercial activities in the neighborhood are oriented toward
Duncan Lane and McMillian Avenue rather than this portion of Orcutt Road. Residential
uses on the ground floor along the street frontage are consistent and compatible with the
existing neighborhood pattern along this portion of Orcutt Road.
15. The residential uses on the ground floor will not expose residents to any greater noise
impacts than the upper stories as the residential structure is setback 15 feet from the public
right-of-way and located within the 60 decibel noise contour boundary from the build -out
of Orcutt Road, which is consistent with allowable noise thresholds for residential uses.
Density Bonus and Alternative Incentives Findings
16. The proposed project qualifies for a 25% density bonus by providing 7% of the base density
units (one 1-bedroom unit) as dedicated housing for very -low income households. The
project will provide quality affordable housing consistent with the intent of Chapter 17.140
of the Zoning Regulations, the requested density bonus and reduction to site development
standards are necessary to facilitate the production of affordable housing units associated
with a mixed -use development project. The site development cannot be feasibly
accomplished with a redesign of the project, because the Density Bonus Law mandates that
concessions from development standards shall not be denied in which would result in a
reduction of residential units, and requiring compliance with the full setback requirement
would result in design constraints that would result in a reduction of the number of units
requested which would violate Government Code § 65915.
17. The requests for a density bonus and reduction to site development standards for location
of residential units are consistent with the intent of Housing Element programs 2.17, 6.10,
and 6.19, and the alternative affordable housing incentives outlined in Section 17.140.070
of the Zoning Regulations.
18. The reduction in development standards for the creek setback will not negatively alter the
overall character of the neighborhood or the streets appearance because the exception is
internal to the project site. Development within the creek setback area will not impact any
of the native biological resources because no native riparian woodland vegetation exists
along this stretch of the creek and setback area within the subject property, and the
Biological Report (prepared by V.L. Holland, Ph.D., 2020) concluded that there no suitable
habitats for special status species exist on or near the project site. The City's creek setback
regulations provide provisions for setback exceptions that is consistent with State and
Federal Law, and the alternative incentive request does not result in any specific adverse
impact to the public health, safety, or physical environment.
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Parking Reduction Findings
19. As conditioned, the proposed 10% vehicle parking reduction is appropriate for the site
because the proposed project includes an additional 15 bicycle parking spaces to be
provided for the mixed -use development (Zoning Regulations 17.72.050.C.3.b).
20. The project qualifies for a 10 percent parking reduction in accordance with Zoning
Regulations Section 17.72.050.0 and the Institute of Transportation Engineers Parking
Demand, where the peak hours of use will not overlap or coincide to the degree that peak
demand for parking spaces from all uses or projects will be greater than the total supply of
spaces.
SECTION 2. Environmental Review. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) because it consists of the
redevelopment of the project site consistent with policies and standards applicable to development
within the Services and Manufacturing area, on a site less than five acres in size, with no value as
habitat for endangered, rare, or threatened species, as described in State CEQA Guidelines Section
15332 (Infill Development), and as supported by substantial evidence (refer to Attachment 2,
Biological Resources Report). The Biological Resource Report concluded that the setback
exception will not impact any of the native biological resources within the creek setback area as
the trees and vegetation removed from the site within the creek setback are non-native riparian
woodland and that there are no suitable habitats for any special status species identified on or near
the project site. The site is within City limits and is served by City utilities and public services.
Based on the location, size, and area and quantity of commercial and residential components of
the development, approval of the project will not result in any significant effects related to traffic,
noise, air quality, or water quality.
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:
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-
0764-2019, AFFH-0210-2020, and USE-0209-2020). 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 Architectural Review Commission, as deemed appropriate.
2. Demolition of the existing building shall not commence until a permit has been issued by the
building official. The applicant shall comply with Municipal Code Chapter 15.04
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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.
3. Plans submitted for a building permit shall include a sediment and erosion control plan that
protects the creek banks and channel from erosion and prevent sedimentation of the creek
near and downstream from the site. Current Best Management Practices (BMP) should be
utilized. Washing of concrete, paint, tools, or equipment shall occur only in areas where
polluted water and materials can be contained and removed from the site.
4. Plans submitted for a building permit shall not include any improvements, modifications, or
grading within the top of bank of the creek channel.
5. 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 submitted with the Development Review application.
6. Plans submitted for a building permit shall include recessed window details or equivalent
shadow variation, 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.
7. 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, and/or each business license, to ensure
the site does not become under -parked.
8. All surface parking spaces must be available for common use and not exclusively assigned to
any individual use, required residential parking may be reserved, but commercial parking
must be made available for guests or overflow from residences.
9. Plans submitted for a building permit shall clearly depict the location of all required short and
long-term bicycle parking for all intended uses, plans submitted for construction permits shall
include bicycle lockers or interior space within each residential unit or other area for the
storage of at least two bicycle per residential unit. Sufficient detail shall be provided about
the placement and design of bike racks and lockers to demonstrate compliance with relevant
Engineering Standards and Community Design Guidelines, to the satisfaction of the Public
Works and Community Development Directors.
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10. 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 Chapter § 17.70.100 of the Zoning Regulations.
11. 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 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.
12. The storage area for trash and recycling cans shall be screened from the public right-of-way
consistent with §17.70.200 of the Zoning Regulations. 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.
13. The applicant shall submit a landscaping plan containing an irrigation system plan with
submittal of working drawings for a building permit. 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. The surfaces and
finishes of hardscapes shall be included on the landscaping plan. The landscape plans shall
provide mature landscaping along the street frontage of the new structure that is of an
evergreen species and a minimum size of 5 gallons, that complements the buildings
architecture, subject to the satisfaction of the Community Development Director.
14. Plans submitted for construction permits shall 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 (§ 17.70.070 —Fences, Walls, and Hedges).
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
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equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
16. The design of proposed structures shall incorporate noise attenuating construction techniques
that reduces noise exposure to acceptable levels. Exposure in outdoor activity areas must not
exceed 60 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. Any new proposed signage shall be reviewed by the Planning Division 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 Director may refer signage
to the ARC if it seems excessive or out of character with the project.
Housing Programs — Community Development Department
19. Prior to the issuance of construction 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 a minimum of one 1-bedroom dwelling unit (Unit #9) to very -low-income
households that is of the same size, appearance and basic quality as the market -rate units, to
the satisfaction of the Community Development Director. The agreement shall also set forth
those items required by Section 17.140.030(B) or any alternative incentives granted pursuant
to Section 17.140.070. The agreement shall run with the land and shall be binding upon all
heirs, successors or assigns of the project or property owner, and shall ensure affordability
for a period of not less than fifty-five years, or as otherwise required by state law.
Engineering Division — Public Works/Community Development
20. Complete frontage improvements will be required as a condition of the building permit. The
improvements shall be constructed in accordance with the engineering standards in effect at
the time of encroachment permit issuance.
21. Line and grade for the replacement curb, gutter, and sidewalk shall be established by the
engineer of record. Any offsite improvements required to accommodate positive flow in the
gutter shall be designed and completed by the developer.
22. A complete site utility plan will be required to show all existing and proposed overhead and
underground utilities. Any utility abandonments shall be completed per City Engineering
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Standards. The plans shall clarify whether a fire service lateral is existing in accordance with
the Ahearn agreement for the widening of Orcutt Road. If existing, the submittal shall justify
the use of the fire service lateral or the lateral shall be abandoned at the main.
23. The plans shall show the removal of the overhead service wiring and new underground wire
services per City Standards and the standards of the several serving wire utilities. The plans
shall show a new streetlight along the property frontage per City Standards.
24. The site development plan and demolition plan shall clarify the permit history for this site and
whether any former water well and/or private waste disposal system will need to be
discovered and abandoned prior to redevelopment.
25. The building plan submittal shall include a complete grading and drainage plan and project
drainage report. The plans and report shall clarify whether this site accepts run-on for the
neighboring parcels. If applicable, the plans shall show how the project drainage design will
accept and convey any run-on to an approved non -erosive outlet. The building plan submittal
shall not include any creek bank revetment or drainage outlet improvements within the creek
channel.
26. The proposed tree removals, wall construction, storm drain system outlet construction shall
comply with all City codes and standards.
27. The project drainage report shall show and note compliance with the Drainage Design Manual
(DDM), Post Construction Stormwater Regulations, and the City's Floodplain Management
Regulations.
28. The drainage report shall include a summary of the bulleted items found in Section 2.3.1 of
the DDM. A comprehensive hydrologic and hydraulic analysis may not be required if the
proposed improvements can be shown to be insignificant in accordance with Section 3.0 of
the manual.
29. The project shall show and note compliance with the PCRs. The building plan submittal shall
include an Operations and Maintenance Manual and a Private Stormwater Conveyance
System Management and Maintenance Agreement (Operations and Maintenance Agreement)
on a form provided by the city. The agreement shall be recorded and shall reference any
separate maintenance program documents and the approved building plans.
30. 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, all new structures shall comply with
all Federal Emergency Management Agency (FEMA) requirements and the City's Floodplain
Management Regulations per Municipal Code Chapter 17.78.
31. The project drainage report shall provide additional analysis of the adjoining Sydney Creek
watershed to establish the BFE and whether the 100-year storm event is expected to stay
within the existing channel.
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32. This property is located in an X-shaded (XB or former B) Floodzone. This is an area where
the 100-year flood depth is less than one foot. Local ordinance requires that finish floors be
located a minimum of 1' above the Base Flood Elevation (BFE) or be floodproofed to a
comparable height. The building plan submittal shall show compliance with the local
ordinance. The residential garages may be "wet" floodproofed to 1' above adjacent grade if
elevating the garage finished floor is infeasible or impractical. Other living areas except for
limited storage or access into the residential units shall be elevated above the BFE.
33. 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 existing trees to remain. Alternate paving material shall be approved to the
satisfaction of the Planning Division.
34. 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. Depending upon the proposed service type, additional pavement
upgrades to concrete may be required in the area of the trash enclosure and mechanical pick-
up to limit the damage to the parking lot/drive aisle paving materials.
35. The building plan submittal shall show the location of the proposed mail receptacles or mail
box unit (MBU) to the satisfaction of the Post Master and the Community Development
Department. Provide a mailbox unit or multiple units to serve all dwelling units and
commercial tenants within this development as required by the Post Master. MBUs shall not
be located within the public right-of-way or public sidewalk area unless specifically approved
by the City Engineer. Contact the Post Master at 543-2605 to establish any recommendations
regarding the number, size, location, and placement for any MBU's.
36. The City supports the proposed tree removals with compensatory tree plantings
37. All trees proposed to remain located on or adjacent to the property shall be protected unless
approved for removal, in conformance with Municipal Code § 12.24.150 (Protection of
Trees). 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 clearly shown or noted on the building plans.
City Arborist —Public Works
38. Plans submitted for a building permit shall include a tree planting plan consistent with the
City's Tree Committee's direction to provide all Coast Live Oaks with a 36-inch box, subject
to the satisfaction of the City Arborist and Public Works Director.
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39. Tree removal associated with development at the project site shall be scheduled to occur
outside of the typical nesting bird season (February to September), to avoid potential impacts
to nesting birds in accordance with Government Code Section 3503 and 3505.5.
Transportation Division —Public Works
40. Plans submitted for a building permit shall include frontage improvements that provide a new
streetlight per City Standards. The streetlight shall be located nearest the eastern property
line, subject to the satisfaction of the Public Works Director.
Building Division — Community Development
41. Prior to building permit issuance, a demolition permit shall be issued for the existing buildings
on site.
42. Plans submitted for a building permit shall identify accessible parking spaces that comply
with California Building Code 11B-502 (CBC) and Accessible electric vehicle charging
stations that comply with 11 B-812 (electric vehicle charging stations are not parking spaces
11 B-208.1). Accessible parking spaces and accessible EV charging stations have separate
requirements and shall not be used as dual purpose. Both shall comply with 11 B-402
Accessible Routes. Minimum width of an Electrical Vehicle Charging Station stall is 9'.
Proposed and future EV parking stalls shall maintain the minimum 9' width. (California
Green Building Standards Code (CGBSC) 4.106.4.2.2.).
43. Plans submitted for a building permit shall clearly identify the overhang distance for eaves
and projections along property lines and shall not extend into required setbacks more than
permitted (CBC 705.2).
44. Plans submitted for a building permit shall identify shade tree plantings, minimum No. 10
container size or equal, shall be installed to provide shade over 50 percent of the parking area
within 15 years. Exceptions: The surface parking area covered by solar photovoltaic shade
structures, or shade structures, with roofing materials that comply with Table A5.106.11.2.2
in Appendix A5, are not included in the total area calculation. (CGBSC-5.106.12.1 Surface
Parking Areas).
45. Shade tree plantings, minimum No. 10 container size or equal shall be installed to provide
shade over 20 percent of the hardscape area within 15 years (CGBSC-5.106.12.3 Hardscape
Areas).
46. Plans submitted for a building permit shall identify Solar Zone areas, plans shall demonstrate
compliance with requirements with solar installation (CEnC-110.10).
Fire Department
47. Plans submitted for a building permit shall demonstrate compliance with occupancy R3
Townhomes and requirements for NFPA 13D fire sprinkler system. The fire sprinkler system
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for each dwelling unit shall be supplied with a dedicated 1" water meter and minimum 1"
service lateral, subject to the satisfaction of the Fire Marshal.
Utilities Department
48. The proposed improvements shall be in accordance with the engineering design standards in
effect at the time the building permit is approved.
49. The property's existing sewer lateral to the point of connection at the City main must pass a
video inspection, including repair or replacement, as part of the project. The CCTV inspection
shall be submitted during the Building Permit Review Process for review and approval by the
Utilities Department prior to issuance of a Building Permit.
50. If 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.
51. The project's commercial and residential uses shall be metered separately. All residential units
are to be individually metered. Privately owned sub -meters may be provided for residential
apartments upon approval of the Utilities Director. The CCR's for the property/homeowner
association shall require that the sub -meters be read by the association (or P/HOA contracted
service) and each apartment billed according to water use.
52. Building permit submittal shall include a site utility plan showing the size of existing and
proposed sewer and water services.
53. This project is within the Recycled Water Master Planning Area and shall connect to the 8"
recycled water main in Orcutt Road so that recycled water can be provided to the site once
connected to the distribution system. Until recycled water is available, the project shall have
a dedicated landscaping meter.
54. Recycled water shall be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 13.07.070.0 of the City's
Municipal Code. Recycled water is available through the City's Construction Water Permit
program.
55. 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.
56. 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
Resolution No. PC-1028-20
830 Orcutt Road, ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020
Page 13
organics.
57. 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.
58. 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.
59. Commercial and residential refuse services shall be separate unless a letter of agreement
between the tenants and a Conditional Exception Application from the City's Development
Standards for Solid Waste Services are provided to the City with the building permit
submittal.
Indemnification
60. 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 Commissioner Hopkins, seconded by Commissioner Quincey, and on the
following roll call vote:
AYES: Commissioners Hopkins, Kahn, Quincey, Shoresman, and Vice -Chair Jorgensen
NOES: None
REFRAIN: None
ABSENT: Commissioner Wulkan and Chair Dandekar
The foregoing resolution was passed and adopted this 91h day of December, 2020.
Tyler Co ecretary
Planning Commission