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HomeMy WebLinkAboutPC-1030-20 (AFFH-0269-2020)RESOLUTION NO. PC-1030-20 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. Resolution No. PC-0269-20 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. Resolution No. PC-0269-20 1042 Olive Street, AFFH-0269-2020 Page 3   3. Condition #5 of Council Resolution 10766, which prohibited parking spaces from being designated for individual tenants, shall not apply to the residential project approved with this resolution.   4. During building permit review of the structure, and any subsequent building permit review for tenant improvement, mechanical equipment added to the building to accommodate commercial tenants shall be reviewed for noise ordinance compliance related to residential uses.   5. Bicycle parking areas shall provide sufficient provisions for the parking of cargo bikes and electrical outlets for e-bike charging. Indemnification 6. 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 Wulkan, seconded by Commissioner Quincey, and on the following roll call vote: AYES: Commissioners Kahn, Quincey, Shoresman, Wulkan Vice-Chair Jorgensen and Chair Dandekar NOES: None REFRAIN: None ABSENT: Commissioner Hopkins The foregoing resolution was passed and adopted this 26th day of August 2020. _____________________________ Tyler Corey, Secretary Planning Commission