HomeMy WebLinkAboutPC-1066-2022 (ARCH-0366-2021 -- 1422 Monterey)RESOLUTION NO. PC-1066-22
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING THE DEVELOPMENT OF TWO TRIPLEXES
AND A FIVE-STORY MIXED-USE PROJECT CONSISTING OF 4,336
SQUARE FEET OF COMMERCIAL SPACE, 106 RESIDENTIAL UNITS
(DEDICATED FOR AFFORDABLE HOUSING), AND A THREE-STORY
PARKING GARAGE. THE PROJECT INCLUDES THE FOLLOWING
CONCESSIONS/WAIVERS; A SIX-FOOT CREEK SETBACK WAIVER
(WHERE 20 FEET IS NORMALLY REQUIRED), 54-FOOT MAXIMUM
HEIGHT DEVIATION (WHERE NORMALLY LIMITED TO 45 FEET),
EDGE CONDITIONS WAIVER FOR A 3-FOOT SETBACK (WHERE 10
FEET WOULD NORMALLY BE REQUIRED), AN ALTERNATIVE
COMPLIANCE REQUEST FOR THE BICYCLE PARKING
REQUIREMENT FOR THE SENIOR HOUSING UNITS, A 5% PARKING
REDUCITON, AND A 65% DENSITY BONUS. THE PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW
(CEQA), AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED NOVEMBER 16, 2022 (1422 & 1480
MONTEREY, ARCH-0020-2022 & AFFH-0021-2022)
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a
public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 10, 2022, and recommended that the Planning
Commission find the project consistent with the Tree Removal Ordinance subject to four
conditions, pursuant to a proceeding instituted under ARCH-0020-2022, HASLO,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San
Luis Obispo, California, on October 17, 2022, and recommended two design
modifications for consistency with the Community Design Guidelines, pursuant to a
proceeding instituted under ARCH-0020-2022, HASLO, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, November 16, 2022, pursuant to a proceeding instituted under ARCH-0020-
2022 and AFFH-0021-2022, HASLO, 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
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 2
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-0020-2022 & AFFH-0021-2022), 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 (HE Goal 5), and
includes the development of housing close to activity centers to utilize land
efficiently (HE 5.3). The project supports Housing Element Policies related to
inclusion and expansion of affordable housing units within the City (HE 1.1, 1.2,
2.1, 2.2, 7.1, 7.2, and 8.1).
3. The project is consistent with Housing Element Policies 6.1 and 7.4 because the
project supports the development of more housing in accordance with the assigned
Regional Housing Needs Allocation and establishes a new neighborhood, with
pedestrian and bicycle linkages that provide direct, convenient and safe access to
adjacent commercial areas.
4. 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.
5. As conditioned, the project complies with all applicable provisions of the Zoning
Regulations as described within the property development standards for the C-R
and R-2 zone and Mixed-Use Development Standards. The proposed uses are
compatible with the project site and with existing and potential uses in the vicinity
which include commercial retail and residences.
6. As conditioned, 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.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 3
Development Review Findings
7. The Architectural Review Commission (ARC) reviewed the project on October 17,
2022, and recommended two modifications to the design of the project for
consistency with the City’s Community Design Guidelines applicable to projects in
the commercial C-R zone.
8. 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.
9. 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 improve upon the compatibility of the
design with the scale of the existing structures in the surrounding neighborhood
(CDG, Chapter 5.3).
10. 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.
11. 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.
12. The proposed height, mass and scale of the project is necessary to provide
additional dwelling units to be dedicated affordable for low-income households.
Density Bonus and Alternative Incentives Findings
13. The proposed project qualifies for a 65% density bonus by providing 28% of the
base density units (13 units) as dedicated housing for 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 for the maximum height of the structures and parking
requirements 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 development standards would result in design constraints that
would result in a reduction of the number of units requested which would violate
Government Code § 65915.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 4
14. The requests for a density bonus and reduction to site development standards to
provide a maximum height of 54 feet, where normally limited to 45 feet is necessary
to facilitate the production of affordable housing units, 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.
15. The request for a development standard waiver for the creek setback to reduce
the setback requirement to 6 feet, where 20 feet is normally required, 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 JBD Environmental Consulting) concluded that there is no suitable
habitats for special status species 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.
16. The requests for a density bonus and reduction to site development standards to
reduce the required parking to provide 95 parking spaces on-site where 100
spaces are normally required, and the required bicycle parking to provide 85
spaces, where 112 would normally be required, are necessary to facilitate the
production of affordable housing units in accordance with Density Bonus Law and
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.
Sign Regulations
17. The proposed monument sign is consistent with the intent and purpose of the Sign
Regulations, the sign is of similar size as other properties in the vicinity with the
same zoning and provides for a superior design that does not result in visual clutter
on the property.
SECTION 2. Environmental Review. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) (Class 32, Infill Exemption)
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 within city limits, of no more than five acres, substantially surrounded
by urban uses, with no value as habitat for endangered, rare, or threatened species as
identified in the Biological Resource Survey provided by JBD Environmental Consulting
(July 17, 2022). Based on compliance with existing regulations, approval of the project
would not result in any significant effects relating to noise, air quality, or water quality, and
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.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 5
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. Compliance with Conditions. 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-0020-2022 & AFFH-0021-
2022). 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 Structures Older than 50 Years. 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 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. Colors and Materials. 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, subject to the satisfaction of the Community
Development Director.
4. Fenestration Detailing. 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.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 6
5. Balcony Railing. Plans submitted for a building permit shall include a revised railing
system for the balconies that provides a solid design that 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. Vehicle Parking. 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. Shared Parking. All 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. Permeable Pavers. Plans submitted for a building permit shall include decorative
permeable pavers for the vehicle parking spaces located within the street yard
setback along Palm Street. The drive aisles shall include permeable pavers at the
project entrance/exits along with other locations to support pedestrian circulation,
where feasible, to the satisfaction of Community Development Director and the Public
Works Director.
9. Bicycle Parking. Plans submitted for a building permit shall clearly depict the location
of all required short and long-term bicycle parking for all intended uses (bicycle
parking for the senior units may be provided a rate of 0.5 spaces per dwelling). Plans
shall show all areas designated for long-term bicycle parking such as bicycle lockers,
interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with
the City Active Transportation Plan Design Guidelines and feature “hi-low style”
campus racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack
designs shall not be permitted) and shall be installed in close proximity to, and visible
from, the main entries into the buildings. Sufficient detail shall be provided about the
placement and design of bike racks, lockers, and interior spaces to demonstrate
compliance with relevant Engineering Standards and Community Design Guidelines,
to the satisfaction of the Public Works and Community Development Directors.
10. Lighting Plan. Plans submitted for building permit shall include a photometric plan,
demonstrating compliance with maximum light intensity standards not to exceed a
maintained value of 10 foot-candles. 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.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 7
11. Mechanical Equipment. 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. Site Maintenance. 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. Landscaping. 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. All tree preservation requirements and tree plantings shall
comply with the recommendations from Tree Committee hearing on October 10,
2022, herein provided as conditions from the City Arborist.
14. Fences. 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. Backflow Preventer. 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.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 8
16. Noise Compliance. 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 65 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. Residential Noise Notice. 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. Signage. Any new proposed signage in addition to the monument sign 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 additional signage to
the ARC if it seems excessive or out of character with the project.
19. Expiration of Entitlement. If the required building permits are not submitted for the
site development within three years of this discretionary action, the approval shall
expire. Requests for renewals may be granted in conformance with §17.104.070.
Housing Programs – Community Development Department
20. Affordable Housing Agreement. Prior to issuance of building permits, the City and
the applicant 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 low-income
households, to the satisfaction of the Community Development Director.
Engineering Division – Public Works/Community Development
21. Existing Lot Lines. A lot merger, lot line adjustment, or subdivision will be required
to eliminate the existing underlying property lines prior to building permit issuance.
22. Property Boundaries. The building plan submittal shall show and note all existing
property corner monumentation, exterior property line dimensions, and bearings for
reference. The plans shall show the neighboring private property improvements and
improvements with the adjoining public rights-of-way for reference.
23. Private Improvements 1411 Palm Street. The plans and submittal documents should
clarify whether the private improvement encroachment noted from 1411 Palm will be
honored as is or if a lot line adjustment is proposed.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 9
24. Easements. The plans and supporting documents shall show and label all existing
and proposed easements. Existing easements shall be honored, relocated, or
otherwise extinguished. Unplottable easements related to installed infrastructure
shall be resolved to the satisfaction of the City prior to building permit issuance.
25. Public Improvement Plan. A separate public improvement plan submittal is required
for the required frontage and intersection improvements. A separate application,
submittal checklist, and review fee shall be submitted to the Engineering Division.
The required public improvements shall be approved or substantially approved prior
to building permit issuance. The public improvements shall be shown on the building
permit set for reference to show the interface between the onsite improvements and
work within the public rights-of-way.
26. Demolition Plan. A separate demolition plan, applications, and demolition permits
will be required for the several buildings to be removed. The required utility
abandonments shall be shown on the demolition plans or shall reference the public
improvement plans. The demolition plans shall show and label any existing
improvements to remain along with any trees to remain and their protection
measures.
27. Utility Plan. The building and improvement plans shall include a complete site utility
plan. The plans shall show and note all existing and proposed utilities,
abandonments, relocations, and new work.
28. Utility Plan Infrastructure. The utility plans shall show all existing and proposed wire
utilities. The plan shall clarify how power, phone, and cable will be maintained,
restored, or provided as new to the existing parcels located along the 1400 block of
Palm Street. The plan shall clarify the proposal for the terminal end joint pole
#110469602 that is located along the interior property and within the existing parking
lot area. The plan shall clarify how the existing overhead secondary electrical
services will be restored to the residences located at 1411 and 1421 Palm Street.
The developer should exhaust reasonable efforts to provide an underground service.
Otherwise, the City may support the relocation of the existing rear yard services to
new or replaced overhead services from Palm Street.
29. Electrical Plan. The building plan submittal shall include a site electrical plan
prepared by an electrical engineer. The required PG&E and tele-com wire utility
plans shall be approved by the City. The required PG&E application and memo shall
be approved by the City prior to final design and development of the PG&E handout
package.
30. Streetlights. The final placement and fixture type of the required streetlights shall be
approved by the City. The new lights shall consider the required spacing and
separation from the existing streetlights per City Engineering Standards. The
required infrastructure shall consider the requirements for a junction structure to
provide a future underground service feed to the existing streetlight located across
Monterey Street from the project.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 10
31. Parking Standards. The parking areas shall show and note compliance with the
City’s Parking and Driveway Standards and California Building Code.
32. Grading and Drainage Plan. The building plan submittal shall include a complete
grading and drainage plan and any required reports. The drainage plan and reports
shall evaluate any run-on from the adjoining parcels, street network, UPRR right-of-
way, and drainage channel. The plans and reports shall show and note compliance
with the City Engineering Standard, Drainage Design Manual (DDM), Floodplain
Management Regulations, and the Post Construction Stormwater Regulations
(PCR’s).
33. Base Flood Elevation. The building shall be elevated at least one-foot above the
Base Flood Elevation or calculated flood depth or shall be floodproofed to one-foot
above the flood depth, where applicable.
34. Existing Culvert Analysis. The reports and plans shall include complete details of the
existing box culver to remain and any modifications. The plans shall include analysis
of the existing structural condition, protections during construction, and a final
condition report. The new or replaced street inlet and new stormdrain connection to
the existing box culvert shall be detailed on the plans and approved to the
satisfaction of the Public Works Department.
35. Stormwater Control Measures. The PCR’s may show and note compliance
applicable to a redevelopment project. All stormwater control measures (SCM’s)
shall be located on private property unless specifically allowed to be located within
the public right-of-way or plan line. If located within the public right-of-way, the SCM
shall be maintained by the property owner. A separate encroachment agreement
will be required in a format provided by the City.
36. Tree Preservation and Removal. The building permit plan submittal and demolition
permit plans shall show all existing trees, trees to be removed, and trees to remain.
A tree protection/preservation plan shall be provided in conjunction with the
development plans per City Engineering Standards and Specifications. A plan
prepared by a Certified Arborist may be required. The plan shall be approved to the
satisfaction of the City Arborist prior to permit issuance and the commencement of
any demolition, utility trenching, or construction.
City Arborist – Public Works
37. Tree Committee Recommendation. Plans submitted for a building permit shall
include tree preservation measures for trees numbered 14 and 34, as identified in
the Arborist Report, prepared by Jake Minnick, PLA (June 18, 2021). If the trees
cannot be retained, based on substantiated evidence, the applicant shall provide a
replanting plan of two trees for each tree that cannot be retained at a minimum size
of 36-inch box, subject to the satisfaction of the City Arborist and Public Works
Director.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 11
38. Tree Committee Recommendation. Plans submitted for a building permit shall
provide 50% of all tree plantings of a minimum size of 36-inch box, all remaining
trees shall be provided of a minimum size of 24-inch box, subject to the satisfaction
of the City Arborist and Public Works Director.
39. Tree Committee Recommendation. Plans submitted for a building permit shall
identify 25% of all tree plantings with a minimum height of 10 feet at the time of
planting, subject to the satisfaction of the City Arborist and Public Works Director.
Natural Resources – Office of Sustainability
40. Nesting Birds. In accordance with the recommendations from the Biological
Resource Survey, prepared by JBD Environmental Consulting (July 17, 2022), all
tree removals 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.
41. Sediment and Erosion Control Plan. 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.
42. Construction Buffer. Prior to construction activities of any new structures in areas
within 20 feet of the channel, a setback area of 5-feet from the outer edge of riparian
vegetation will be fenced with orange construction fencing and signed to prohibit
entry. To control sedimentation during and after project implementation, silt fencing
shall be installed adjacent to, and outside the orange construction fencing. Once
construction in the 20-foot setback is complete, the fencing may be removed.
43. Construction Site Maintenance. During construction, no litter or construction debris
shall be placed within the setback. All such debris and waste will be picked up daily
and properly disposed of at an appropriate site. In addition, all project-generated
debris, building materials, and rubbish will be removed from the setback and from
areas where such materials could be washed into the channel.
44. Construction Activity. All refueling, maintenance, and staging of equipment and
vehicles shall occur at least 50 feet from the channel and in a location where a
potential spill would not drain directly toward the channel. Prior to the onset of work
activities, a plan will be in place for prompt and effective response to any accidental
spills.
45. Creek Preservation. Plans submitted for a building permit shall not include any
improvements, modifications, or grading within the top of bank of the creek channel.
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 12
Transportation Division – Public Works
46. Transportation Impact Fees. Prior to issuance of building permits, the project
applicant shall pay applicable Citywide Transportation Impact Fees. Total fees due
may be reduced to reflect credits for eligible public improvements with an approved
Public Credit/Reimbursement Agreement.
47. California Boulevard/Monterey Street Intersection Improvements. The project
applicant shall take the following measures to contribute towards traffic safety
improvements at the California Boulevard/Monterey Street intersection, which has
been ranked as a “high collision rate intersection” for several years in the City’s
Annual Traffic Safety Report due to bicycle right-hook collisions:
a. Project plans shall identify a 10’ building setback from existing back of sidewalk
along the California Boulevard frontage to accommodate future widening by
others for a dedicated southbound right-turn and bike lane channelization.
b. Project shall design, fund and construct traffic signal modifications needed to
install “right turn yield to bicycle” illuminated blank-out signs in the northbound
and southbound California Boulevard intersection approaches. Installation of
blank-out signs may require upgrades/replacement of existing mast arm signal
poles at the northeast and southwest corners of the intersection, installation of
advance bicycle detection loops in each direction, and potential upgrades to
the traffic signal cabinet/controller to facilitate intended operations of blank-out
signs. Final design details, which may consider alternative approaches to
accomplish these safety improvements, shall be approved to the satisfaction of
the Public Works Director.
Improvement plans may be provided as separate submittal from on-
site/frontage improvements and shall be approved or substantially approved
prior to issuance of any building permits. Improvements shall be completed
prior to first occupancy permits.
Project applicant is eligible for reimbursement for costs related to planning,
design and construction of these intersection improvements via transportation
impact fee credit/reimbursement. A Public Credit/Reimbursement Agreement
must be obtained prior to building permit issuance to maintain eligibility for
financial reimbursement and shall be subject to approval by the City Council or
City Manager (if reimbursement solely via fee credits).
c. Project applicant will coordinate with Public Works staff to review the stretch of
California Boulevard between Mill Street and Monterey Street to explore
opportunities to reduce vehicle speeds and incorporate safety improvements
for ingress and egress of vehicles from Palm Street, such as high visibility
striping, or other methods as determined appropriate and feasible by the Public
Works Director.
48. Street Lighting. Unless otherwise approved by the Public Works Director,
improvement plans shall include the installation of public street lighting and all
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 13
associated facilities including but not limited to conduits, sidewalk vaults, fusing,
wiring and luminaires along the project frontages consistent with City Engineering
Standards. Existing street lighting shall be shown on the improvement plans for
reference and will be considered in establishing the required spacing, location,
number, and type of fixtures.
49. On-Site Bicycle Parking. Short-term bicycle parking shall consist of Peak Campus
Racks or City-approved equivalent. Short-term and long-term bicycle parking shall
comply with applicable design policies per the City’s Active Transportation Plan,
including requirement that the long-term bicycle parking storage room include
accommodations for larger cargo bikes, electrical connection(s) for e-bike charging,
and no more than 50% vertical racks.
50. California Boulevard Frontage Improvements: Project applicant shall reconstruct the
California Boulevard frontage to current City Engineering Standards. Unless
otherwise approved by the Public Works Director, public improvement plans shall
include reconstruction of 10-foot-wide sidewalks, curb/gutter, abandonment and
removal of the existing driveway 50 feet north of Monterey Street, reconstruction of
the driveway 120 feet north of Monterey Street, reconstruction of the ADA curb ramp
at the northwest corner of California/Monterey Street, installation of Accessible
Pedestrian Signal (APS) audible pedestrian push buttons at California/Monterey
Street intersection, and installation of street trees.
51. Monterey Street Frontage Improvements: Project applicant shall reconstruct the
Monterey Street frontage to current City Engineering Standards, including the
addition of a protected bike lane in the westbound direction as identified in the City’s
Active Transportation Plan. Unless otherwise approved by the Public Works
Director, public improvement plans shall include reconstruction of an 8-foot-wide
sidewalk, installation of a 6-foot-wide sidewalk-level protected bike lane, a 5-foot-
wide parkway, curb/gutter, a minimum 8’wide pullout for bus stop and
commercial/passenger loading, and installation of a new transit shelter. Plans shall
include the extension of the westbound protected bike lane along Monterey Street
at the street level from the western project limits to Pepper Street, including
pavement markings, signage and a concrete median separating the bikeway from
motor vehicle traffic.
52. Driveway/Intersection Sight Distance. Improvement plans shall ensure that
proposed street trees, landscaping and other vertical elements remain clear of
applicable sight triangles at project driveways and intersections per City Engineering
Standards. Plans shall include installation of signage and/or red curb paint to restrict
parking within applicable sight triangles as necessary.
Utilities Department
53. Utility Plan. Building permit submittal shall include a site utility plan showing the size
of all existing and proposed sewer and water services including backflow devices.
The proposed utility infrastructure shall comply with the latest engineering design
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 14
standards effective at the time the building permit is obtained and shall have
reasonable alignments needed for maintenance of public infrastructure along public
roads. All foundations, structures, and overhangs shall have a minimum horizontal
clearance of ten feet to all public sewer mains.
54. Water Line Improvements. Upon submittal of a building permit, proposed water lines
within California Boulevard shall connect to the 8-inch water main, to the satisfaction
of the Utilities Director. No connections to the 16-inch water main within California
Boulevard shall be allowed.
55. Water Meters. The project’s commercial and residential uses shall be metered
separately. Engineer’s calculations shall be provided with the submittal of the
building permit to confirm water meter sizes. Privately owned sub-meters may be
provided for residential apartments upon approval of the Utilities Director. If sub-
meters are included, the CC&Rs 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.
56. Existing Utility Infrastructure. The building permit submittal shall clearly show the
disposition of all existing utility infrastructure.
57. Sewer Lateral Improvements. Engineer’s calculations for the proposed sewer
generations shall be provided with the submittal of the building permit. The sewer
laterals serving the property shall be made with high-density polyethylene (HDPE)
material and shall be installed per the City’s Engineering Standards.
58. Fire Flow. The building permit submittal shall demonstrate compliance with fire flow
and fire sprinkler requirements for all floors of the proposed project. Design plans
shall be supported by engineering calculations shall be submitted with the building
permit.
59. Irrigation Plan. The building permit submittal shall include a final landscape design
plan and irrigation plan, and shall identify the square footage of landscaping
proposed as part of the project. If greater than 500 square feet, applicant shall
provide a Maximum Applied Water Allowance (MAWA) calculation. The project’s
estimated total water use (ETWU) to support new ornamental landscaping shall not
exceed the project’s MAWA.
60. Solid Waste. The proposed project shall comply with the City’s Development
Standards for Solid Waste Services. Commercial and residential refuse services
shall be separate unless a Conditional Exception Application from the City’s
Development Standards for Solid Waste Services is provided to the City for review.
The trash enclosure(s) must be sized to store the required bins for waste, recycling,
and organics. Please show the location of the waste bins during pickup if different
than the location of the proposed enclosure(s). Contact San Luis Garbage Company
(SLG) and obtain in writing that the proposed enclosures and collection method
meets the SLG requirements. SLG also need to confirm truck access and clearances
Resolution No. PC-1066-22
1422 & 1480 Monterey Street, ARCH-0020-2022 & AFFH-0021-2022
Page 15
needed to reach the trash bins. A copy of the SLG letter shall be included in the
building permit plans.
61. Food Preparation Waste. 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 commercial
facilities shall also provide an area to wash floor mats, equipment, and trash cans.
The wash area shall be inside, drained to the sanitary sewer, and an Industrial
Wastewater Discharge Survey and Permit Application shall be submitted and permit
obtained prior to issuance of occupancy permit.
62. Recycled Water. Potable city water shall not be used for major construction
activities, such as grading and dust control. Recycled water is available through the
City’s Construction Water Permit program.
63. Property Line Locations. Prior to issuance of a building permit, a voluntary merger
or lot line adjustment shall be recorded, subject to the satisfaction of the Public
Works and Utilities Directors.
Indemnification
64. Indemnification. 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 Munoz-Morris, seconded by Commissioner Cooley, and
on the following roll call vote:
AYES: Commissioners Cooley, Francis, Houghton, Jorgensen, Munoz-Morris and
Chair Kahn
NOES: None
REFRAIN: Vice Chair Hopkins
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of November, 2022.
__ _________
Tyler Corey, Secretary
Planning Commission