HomeMy WebLinkAboutPC-1051-21 (ARCH-0366-2021-- 2800 Broad St.)RESOLUTION NO. PC-1051-21
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING THE DEVELOPMENT OF A NEW 28,997-
SF, THREE-STORY, MIXED-USE PROJECT CONSISTING OF 20
RESIDENTIAL UNITS WITH A PRIVATE ROOF DECK, AND 7,818 SF OF
COMMERCIAL SPACE, WITHIN THE SOUTH BROAD STREET AREA
PLAN. PROJECT INCLUDES A 30% SHARED/MIXED-USE PARKING
REDUCTION. PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED NOVEMBER 17, 2021 (2800
BROAD STREET, ARCH-0366-2021)
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web based
public hearing on September 27, 2021, recommending the Planning Commission find the project
consistent with the Tree Removal Ordinance, pursuant to a proceeding instituted under ARCH-
0366-2021, Luis Sarmiento, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on October 18, 2021, recommending the Planning
Commission find the project consistent with the Community Design Guidelines and South Broad
Street Area Plan Guidelines with identified directional items and recommended conditions,
pursuant to a proceeding instituted under ARCH-0366-2021, Luis Sarmiento, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on November 17, 2021, pursuant to a proceeding instituted under ARCH-
0366-2021, Luis Sarmiento, applicant; 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; 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-0366-2021), 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
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the project site within the South Broad Street corridor 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.
5. The proposed mixed-use project design further increases the public benefits of the existing
building for compliance with the South Broad Street Area Plan Design Guidelines by
constructing residential units in close proximity to the downtown and public transit. Project
design is consistent with the development standards and the Broad Street Village
Contemporary style which is an appropriate architectural style for Mixed-Use building
types within the Area Plan.
Development Review Findings
6. 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 South Broad Street Area Plan.
7. 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).
8. 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.
9. 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.
10. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the streets appearance because South Broad Street Area
Plan Form-Based Codes require that mixed-use buildings provide residential units in the
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upper levels of a structure with a minimum height allowance of 25 feet and at least 80% of
the building façade to be constructed along the property build-to lines.
11. The proposed roof top deck is consistent with the intent of the City’s Zoning Regulations
and applicable General Plan polices because the roof deck has been designed to preserve
privacy and overlook impacts by orienting the roof deck towards Broad Street and
providing solid walls along the perimeter of the deck that screen views of the roof deck
from the public right-of-way and adjacent properties.
Parking Reduction Finding
12. As conditioned, the project qualifies for a 30 percent parking reduction in accordance with
South Broad Street Area Plan Section 4.6, Zoning Regulations Section 17.72.050.C 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 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
development of the project site consistent with policies and standards applicable to development
within the commercial zones, 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). The site is within City limits and is served by City utilities and public
services. Based on the project existing topography, size, and design, 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-
0366-2021). 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
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
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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 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; however, plans
shall demonstrate compliance with the Architectural Review Commission’s direction to
incorporate additional façade details regarding windows, balconies, and an accent color on
the building elevations, subject to the satisfaction of the Community Development Director.
4. 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, cornices, and
railings, in consideration of the Architectural Review Commission’s suggestions from the
hearing on October 18, 2021 (consistent with the exhibit shown at the Planning Commission
hearing on November 17, 2021). 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.
5. Plans submitted for a building permit shall include a revised railing system for the balconies
that provides (consistent with the exhibit shown at the Planning Commission hearing on
November 17, 2021) a design that screens at least two/thirds of their height to visually
obscures views of storage on the balconies and provides additional privacy between existing
and new residential units, subject to the satisfaction of the Community Development Director.
6. 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.
7. 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.
8. 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. Short-term bicycle racks such as “Peak
Racks” shall be installed in close proximity to, and visible from, the main entry into the
buildings (inverted “U” rack designs shall not be permitted). Sufficient detail shall be
provided about the placement and design of bike racks and lockers to demonstrate compliance
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with relevant Engineering Standards and Community Design Guidelines, to the satisfaction
of the Public Works and Community Development Directors.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
17. 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
18. Prior to the issuance of building permits, the applicant shall pay the required Inclusionary
Housing In-lieu fee
Engineering Division – Public Works/Community Development
19. The underlying property lines shall be merged or adjusted prior to building permit issuance.
Contact the Planning Division to start the application process for the proposed action.
20. The project is conditioned to replace or upgrade complete frontage improvements and utilities
per City Engineering Standards, to the satisfaction of the Public Work’s Director.
21. The building plan submittal shall show and compliance with the South Broad Street Corridor
Plan for Broad Street and the Lawrence Drive (Entry Street designation). Any conflicts
between the City Engineering Standards and intent of the corridor plan shall be reviewed and
approved to the satisfaction of the City Engineer and Community Development Director.
22. Unless otherwise approved for deferral or waived by the Public Works and Community
Development directors, the developer shall record a reservation of private reciprocal access
easement in favor of the Guild Hall to accommodate a potential for a futured shared access
or “woonerf”. This reservation may contain language that limits the easement to a
comparable future agreement recorded by the Guild Hall.
23. The building plan submittal shall show sidewalk transitions between the existing neighboring
sidewalk along the proposed Lawrence Drive frontage per City Engineering Standards.
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24. The building plans submittal shall identify all existing and proposed utilities and utilities to
be abandoned. The demolition plan shall show and note the abandonments for reference. The
actual abandonments may be deferred to development if not completed in conjunction with
the demolition permit.
25. The building plan submittal shall show compliance with the Parking and Driveway Standards
for driveway materials, grading, drainage, garage space dimensions, and maneuverability.
Wider custom garage doors and structural solutions to eliminate wing walls at some garages
may be required to improve maneuverability. All garage spaces shall be capable of access in
one maneuver and exiting to the adjoining public right-of-way in not more than two
maneuvers.
26. Site development shall comply with the current California codes and ADA requirements. All
common facilities and access routes shall be reviewed and approved to the satisfaction of the
Building Division.
27. 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.
28. 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.
Services to the new structures shall be underground. All work in the public right-of-way shall
be shown or noted.
29. The existing fire hydrant located along the Broad Street frontage shall be upgraded from a
“dry” barrel hydrant to current City Standards. A new hydrant may be required along the
Lawrence Drive frontage off the new water main if required by the Fire Marshal, Utilities
Department, or Public Works Department as required for orderly development and/or blow-
off purposes.
30. A work within the public rights-of-way shall be shown on the building plan submittal for
reference. A separate public improvement plan will be required for the main
upgrade/extension along Lawrence Drive. A separate application, checklist, plans, and
review fee will be required for the main extension. Inspection fees may be covered under an
encroachment permit, if approved by the City.
31. Wires to the new buildings shall be underground. Undergrounding shall be completed without
a net increase in new utility poles within the public right-of-way.
32. Unless otherwise specifically approved for deferral by the City, PGE plans shall be provided
in conjunction with the building plan approval. Preliminary plans shall be reviewed by the
engineer of record for consistency with the overall design. The final PGE handout package
shall be reviewed and approved by the engineer of record and the City prior to construction.
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33. The applicant shall be responsible for paying a “fair share” mitigation fee for the
undergrounding of overhead wire utilities within and in accordance with the South Broad
Street Corridor Plan.
34. The project drainage report, plans, and Post Construction Stormwater Regulation compliance
strategy shall include complete details and approvals in accordance with City Engineering
Standards and the Waterway Management Plan Drainage Design Manual.
35. The building plan submittal shall show compliance with the Post Construction Stormwater
Regulations (PCR’s) as regulated by the Regional Water Quality Control Board for
redeveloped sites. The Building Permit submittal shall include a complete Post Construction
Stormwater Control Plan Template as available on the City’s Website. The PCR submittal
shall include altered or replaced improvements located within the public rights-of-way.
36. Stormwater Control Measures (SCMs) shall be privately maintained. Unless specifically
approved by the City Engineer, all SCM’s shall be located on private property. If approved
for location within the public right-of-way, a separate encroachment agreement shall be
recorded prior to permit issuance.
37. 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 building permit
issuance.
38. 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
Arborist supports the proposed tree removal with the compensatory tree plantings shown on
the landscape plan.
39. The building plan submittal shall show all required street trees. Street trees are generally
required at a rate of one street tree for each 35 lineal feet of frontage. The City Arborist and
Planning Division shall approve the tree species and planting requirements in accordance with
City Engineering Standards and the corridor plan. The compensatory street trees shall be 24”
box to compensate for the loss of the existing tree canopy.
40. Tree protection measures for the existing neighboring property line trees to remain shall be
implemented to the satisfaction of the City Arborist. The City Arborist shall review and
approve the 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 drip line of trees on the property or on adjacent properties. A city-
approved arborist shall complete safety pruning. Any required tree protection measures shall
be shown or noted on the building plans.
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City Arborist – Public Works
41. Prior to building permit issuance, the applicant shall obtain a tree removal permit from the
Urban Forestry Division for the removal of one street tree, and replating of 19 new trees,
consistent with the City’s Tree Committee’s review from the hearing on September 27, 2021,
subject to the satisfaction of the City Arborist and Public Works Director.
42. 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
43. The Project shall contribute fair share costs towards planned transportation improvements
along the South Broad Street Corridor through participation in the Citywide Transportation
Impact Fee Program.
44. The Project shall include on-site short-term and long-term bicycle parking consistent with
City Zoning Regulations and Active Transportation Plan design guidelines. Short-term bike
racks shall be Peak campus-style racks or approved equivalent to the satisfaction of the Public
Works Director.
45. Project building plan and/or public improvement plan shall identify installation of red curb
paint adjacent to the new site driveway on Lawrence Street to maintain adequate driveway
sight distance to the satisfaction of the Public Works Director.
46. The Project frontage improvements shall include new streetlighting consistent with City
Engineering Standards and the South Broad Street Area Plan. Unless otherwise approved by
the Public Works Director, frontage improvements shall include installation of one new
standard streetlight at the corner of Broad/Lawrence, and one City Standard Pedestrian Light
to be located along the Lawrence Drive frontage.
47. Unless otherwise approved by the Public Works Director, Project frontage improvements
shall include a corner bulb-out on the southeast corner of Broad/Lawrence, with the corner
sidewalk extending into the Lawrence Drive parking lane, consistent with the street concepts
identified in the South Broad Street Area Plan.
48. Unless otherwise approved by the Public Works Director, Project frontage improvements
shall include installation of dashed green bike lane markings along Broad Street through the
Lawrence Drive intersection and installation of a “RIGHT TURNS YIELD TO
BIKES/PEDS” warning sign on Broad Street facing northbound traffic approaching
Lawrence Drive.
49. The Project’s on-site drive aisle shall be designed in substantial conformance with the Village
Court (woonerf) street concept identified in the South Broad Street Area Plan, with potential
for future connectivity south to Mutushito Avenue (as part of potential future redevelopment
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of Guild Hall property). Designs shall be approved to the satisfaction of the Public Works and
Community Development Directors.
Fire Department
50. Plans submitted for a building permit shall include a Fire Flow of 2,250 gallons per minute
(GPM) at 20 pounds per square inch (psi) residual shall be available to within 300 feet of
exterior building walls supplied by fire hydrants, to the satisfaction of the Fire Marshal.
51. Plans submitted for a building permit shall include fire sprinkler floor control valves co-
located in the fire sprinkler riser room, to the satisfaction of the Fire Marshal.
Utilities Department
52. Plans submitted for a building permit shall include an 8-inch water main along the project’s
Lawrence Drive frontage consistent with the City’s Engineering Standards, to the satisfaction
of the Utilities Director.
Indemnification
53. 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 Quincey, seconded by Commissioner Dandekar, and on the
following roll call vote:
AYES: Commissioners Dandekar, Wulkan, Vice Chair Quincey and Chair
Jorgensen
NOES: None
REFRAIN: None
ABSENT: Commissioners Hopkins and Kahn
The foregoing resolution was passed and adopted this 17th day of November, 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission