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HomeMy WebLinkAboutPC-1053-2022 (ARCH-0511-2021 -- 1166 Higuera St.)RESOLUTION NO. PC-1053-22 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF AN OUTDOOR DINING VENUE CONSISTING OF RETROFITTED SHIPPING CONTAINERS TO SERVE FOOD AND BEVERAGES. THE PROJECT INCLUDES A 60% PARKING REDUCTION TO REDUCE THE REQUIRED PARKING TO 16 SPACES, WHERE 40 PARKING SPACES WOULD NORMALLY BE REQUIRED. PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED FEBRUARY 23, 2022 (1166 HIGUERA STREET, ARCH-0511-2021) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a web based public hearing on January 24, 2022, recommending the Planning Commission find the project consistent with the Community Design Guidelines, pursuant to a proceeding instituted under ARCH-0511-2021, Paul Tompkins, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on February 23, 2022, pursuant to a proceeding instituted under ARCH-0511-2021, Paul Tompkins, 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-0511-2021), based on the following findings: 1. The project is consistent with the City’s General Plan, applicable to development in the General Retail area. The proposed project is consistent with Policy 3.8.4 (Commercial Revitalization), because the project would redevelop a vacant or underutilized commercial property with uses complementary to existing commercial and mixed-use development in the vicinity, and Policy 4.20.1 (Street Level Activities) by providing for open gathering areas with restaurants and specialty stores that contribute to pedestrian traffic. 2. As conditioned, the project is consistent with the Zoning Regulations for development in the Commercial Retail (C-R) zone, since the proposed building design complies with objective design criteria and performance standards for commercial development that provides for uses that are consistent with the intent of C-R zone. Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 2 3. As conditioned, the project is consistent with the Community Design Guidelines for commercial design because the architectural style is complementary to the surrounding neighborhood and provides 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 3.1). Parking Reduction Findings 4. As conditioned, the project qualifies for a 10 percent parking reduction by providing additional bicycle parking beyond what is required for the development project in accordance with Zoning Regulations §17.72.050(C)(3) (Reduction Rates). Parking may be reduced by one vehicle parking space for each five bicycle spaces provided in excess of requirements and the project provides 20 bicycle spaces in excess of the base requirement (8 bicycle spaces) resulting in an additional four vehicle parking space reduction. 5. A Parking Demand Study submitted in accordance with Zoning Regulations §17.72.050(C) (Other Parking Reductions), identified the project’s peak parking demand of 18 parking spaces in consideration of using a model split rate due to the project’s walkable location in close proximity to public transit, employment centers, shopping, restaurants, entertainment, public parking garages and residential uses . As conditioned, the use will be adequately served by the proposed onsite parking and parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area because in addition to the results of the parking demand study and provision of excess bicycle parking, the applicant has also provided a Trip Management and Reduction Plan that provides incentives for customers and employees to use alternative methods of transportation, which will reduce the demand for vehicle parking spaces. 6. As proposed and conditioned, the applicant will implement a proposed Trip Management and Reduction Plan that is consistent with Zoning Regulations §17.72.050(C)(4) (Vehicle Trip Reduction Plan), and special conditions existing that qualify the project for a total parking reduction of 60 percent (inclusive of the additional bicycle parking reduction) because the site is located proximate to shopping, restaurants, entertainment, employment, and a transit stop, allowing for alternative modes of transportation such as walking, biking, or taking public transportation. The Trip Management and Reduction Plan promotes non-auto travel by providing numerous incentives such as information bulletins, Back N’ Forth Club, customer discounts, Ride Share and carpool opportunities, and a bike valet. 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 Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 3 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 site’s existing topography and location, and project 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-0511-2021). 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, and may be subject to review by the 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: for buildings that are older than 50 years 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 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. 4. Plans submitted for a building permit shall clearly depict the location of all required electric vehicle (EV) ready and EV capable parking required for non-residential uses. Sufficient detail shall be provided about the placement and design of EV equipment and raceway for future supply, to the satisfaction of the Chief Building Official and the Community Development Director. Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 4 5. Prior to the issuance of a building permit, the applicant shall submit and implement a Transportation Demand Management Program identifying the responsibility for monitoring and reporting the progress of the Trip Management and Reduction Plan to the satisfaction of the Community Development Director and the Transportation Division. The Transportation Demand Management Program and incorporated Trip Management and Reduction Plan shall be clear on the performance measures, how they will be monitored/measured, and what actions will be taken if the number of parking spaces is insufficient upon full occupancy and operation of the project. The applicant, or approved designee, will be responsible for coordinating annual surveys, reporting to the city, and providing current and up to date program information to residents. 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. 8. 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. 9. 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. 10. 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. Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 5 11. 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. 12. 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). 13. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back-flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 14. 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 Architectural Review Commission for review if it seems excessive or out of character with the project. Housing Programs – Community Development Department 15. Prior to the issuance of building permits, the applicant shall pay the required Inclusionary Housing In-lieu fee. City Arborist – Public Works 16. Prior to building permit issuance, the applicant shall obtain a tree removal permit from the Urban Forestry Division for the removal of the two street trees, and replanting of 9 new trees, including one new 60-inch and one new 48-inch box street trees, as shown in the project plans, all other tree plantings shall be of a minimum size of 24- inch box, subject to the satisfaction of the City Arborist and Public Works Director. 17. To the maximum extent feasible, 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 Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 6 with Government Code Section 3503 and 3505.5. If tree removal occurs between February and September, the applicant shall retain a qualified biologist to conduct a nesting bird survey no more than two weeks prior to disturbance to determine presence/absence of nesting birds within the disturbance area. If active nests are observed, tree removal shall be avoided until young birds have fledged and left the nest. The nests shall be monitored weekly by a biologist with experience with nesting birds. If any federally or state-listed bird species or California fully protected bird species are observed nesting in or near the project area, the biologist and applicant shall coordinate with the City Biologist and U.S. Fish and Wildlife Service and/or California Department of Fish and Wildlife before any disturbances occur within 500 feet of the nest. Bird nests, eggs, or young covered by the Migratory Bird Treaty Act and California Fish and Game Code shall not be moved or disturbed until the end of the nesting season or until young fledge, nor will adult birds be killed, injured, or harassed at any time. Pursuant to California Fish and Game Code Section 3503.5, nests of raptors (owls, hawks, falcons, eagles) shall not be removed prior to coordination with and approval from the California Department of Fish and Wildlife. Engineering Division – Public Works/Community Development 18. The building plan submittal shall include a complete site, survey, and topographic plan showing all existing improvements and easements. The plan shall show the most current information for the existing box culvert. The previous topo plan and latest Alta Land Title Survey do not agree. The information should include the location based on the Ground Penetrating Radar survey. 19. The project data, address, APN reference and property line delineations should be in accordance with the recorded Lot Line Adjustment Agreement. 20. The building plan submittal shall show and label all existing property lines, public or private easements, and existing survey monumentation for reference. 21. The plan shall show all existing and proposed frontage, street improvements, parking meters, signing, and striping located along both the Higuera and Toro Street frontages. The plan shall reflect the current protected bikeway improvements or approved bikeway plans. Depending upon project timing, the project may need to modify the bikeway improvements. If required, changes to the improvements will require the approval of the Transportation Division of the Public Works Department. 22. The project is located within the Downtown Mission Style Sidewalk District. All new, altered, or replaced curb, gutter, and sidewalk shall comply with the current City Engineering Standards and district improvement details unless otherwise waived or approved for deferral by the Public Works and Community Development departments. 23. Based on the limits of required driveway approach abandonments, new approach, tree removals, fire service/utility improvements, and sidewalk repairs, it appears that Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 7 the plans submitted for a building permit may require that the entire Higuera Street frontage may need to be upgraded from the existing Mission Style at 1144 Higuera to the Toro Street intersection, subject to the satisfaction of the Public Works Director. 24. Any sections of damaged or displaced curb, gutter, and sidewalk shall be repaired or replaced to the satisfaction of the Public Works Department. The building plan submittal shall clearly show the limits of all required or proposed frontage improvements. Contact this office to schedule a site inspection to review and discuss the limits based on the project scope. 25. The building permit submittal shall include some analysis and/or condition report for the existing site retaining walls located along the Toro Street frontage and northerly property line. Wall repairs, replacement, and/or recorded agreement might be required to the satisfaction of the City Engineer based on the report summary. 26. The proposed replacement fence details shall be approved to the satisfaction of the Planning and Building divisions. Wall/fence combinations may need to consider fall protection and the guardrail provisions of the California Building Code. 27. The building plan submittal shall include a complete site utility plan showing all existing and proposed public and private utilities and services for reference. The plan shall show and note any abandonment or relocation of utilities. The plan shall clarify whether a fire sprinkler upgrade is proposed or required for the existing building to remain. 28. Unless otherwise waived or approved for deferral by the Community Development Director, any new or upgraded electrical or tele-com wire services shall be provided as underground. Likewise, the existing overhead service to the building to remain shall be placed underground in conjunction with the upgrade. 29. The city may support the removal of the existing secondary overhead wiring and utility pole located along the Higuera Street frontage if a relocation or upgrade is required in support of the proposed project improvements or if the removal is desired by the applicant. 30. The building plan submittal shall show and note compliance with the Post Construction Stormwater Regulations (PCR’s) as promulgated by the Central Coast Waterboard. The submittal shall include the compliance checklist, a stormwater control plan, an Operation and Maintenance Manual, and the recordation of a maintenance agreement. 31. The site development plan shall show the existing on-site catch basins and piping for reference along with the proposed disposition. Abandonments of the existing system(s) shall be approved by the Engineering Division. If the basins will remain, an upgrade to provide some level of water quality treatment may be required if the Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 8 PCR designed campus system(s) will not be part of the treatment train. 32. The site development plan shall include a design for the interface between the proposed parking lot and existing parking lot located at 1144 Higuera. A separate permit will be required for any proposed or required modifications to the 1144 Higuera parking lot and/or for the relocation of the existing long-term bike storage lockers serving 1101 Monterey. 33. The proposed parking lot shall comply with the Parking and Driveway Standards. Diamond tree planters located between and at the head of the parking spaces are supported in-lieu of finger planters. The final number, size, spacing, and species of parking lot trees shall be approved to the satisfaction of the Planning Division. 34. The city supports the proposed tree removals with the compensatory tree plantings as shown and conditioned. Transportation Division – Public Works 35. The project’s building plans and/or public improvement plans shall show how proposed driveway modifications along project frontage affect roadway striping and markings on Higuera Street at the time of building permit/public improvement plan submittal. In association with the project, the applicant shall be responsible for replacing/modifying any roadway and sidewalk elements affected by the proposed sidewalk and driveway modifications per City Engineering Standards and to the satisfaction of the City Transportation and Parking Divisions, including affected pavement markings and street signs, protected bikeway medians, parking tees and meter posts. 36. The project shall implement a Trip/Parking Demand Management Plan to reduce single-occupant auto travel to the site, which at a minimum shall include the following measures: a. Post a bulletin board in a location highly visible to employees with information on alternative transportation options, such as availability of carpool/vanpool opportunities via SLO Rideshare, bicycle and transit maps/schedules, and information on availability of SLO Transit Downtown Access Passes to on-site employees. b. Provide a welcome packet to new on-site business owners/tenants with information on the SLO Rideshare Back N’ Forth Club, encouraging their participation. c. Provide a welcome packet to new employees of on-site businesses/tenants including information on short-term and long-term bicycle parking, the SLO Rideshare Back N’ Forth Club (and encouraging them to register at www.iRideshare.org to plan alternative transportation to work), and information on availability of SLO Transit Downtown Access Passes. Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 9 d. Encourage business owners/tenants to provide a discount to guests who arrive to the site via bus or bicycle. e. Encourage use of a bike valet service for special events. f. Encourage guests to visit the site by walking, bicycling, transit or carpool in project advertising and public outreach, where practicable. 37. Proposed short-term and long-term bicycle parking shall comply with the bicycle parking design policies included in the City’s Active Transportation Plan (See Appendix C, Design Guidelines). Short-term bicycle parking shall include use of Peak “hi-low” style bike racks, or City-approved equivalent. No more than 50% of long-term bicycle parking shall be provided via vertical hanging racks. The long-term bicycle parking room shall include an electrical outlet to allow employees to charge electric bicycles. Utilities Department 38. As commercial uses in the project include food preparation, plans submitted for a building permit shall provide grease interceptor and FOG (fats, oils, and grease) storage within solid waste enclosure(s) and provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 39. As greater than 1,000 square feet of landscaping is proposed, plans submitted for a building permit shall provide dedicated landscape water meter consistent with the City’s Municipal Code Section 13.04.130(F). 40. Plans submitted for a building permit shall demonstrate how the project’s proposed landscaping complies with the City’s water efficient landscape ordinance, subject to the satisfaction of the Utilities Director. 41. Consistent with the February 2, 2022, service letter from San Luis Garbage Company, plans submitted for a building permit shall accommodate 4-yard bins within the project’s proposed trash enclosure, subject to the satisfaction of the Utilities Director. Indemnification 42. 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. Resolution No. PC-1053-22 1166 Higuera Road, ARCH-0511-2021 Page 10 On motion by Commissioner Dandekar, seconded by Commissioner Kahn, and on the following roll call vote: AYES: Commissioners Dandekar, Francis, Kahn, Wulkan and Chair Jorgensen NOES: None REFRAIN: Commissioner Hopkins ABSENT: Vice-Chair Nick Quincey The foregoing resolution was passed and adopted this 23rd day of February, 2022. __ ___________________________ Tyler Corey, Secretary Planning Commission