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HomeMy WebLinkAboutR-10183 Garden Street Terraces Approving Modified USE PERMIT AND VESTING TENTATIVE TRACT MAP U/TR 124 -06RESOLUTION NO. 10183 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A MODIFIED USE PERMIT AND VESTING TENTATIVE TRACT MAP FOR THE GARDEN STREET TERRACES PROJECT (U/TR 124 -06) 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, on February 24, 2010, for the purpose of considering Application U/TR 124 -06, a use permit to allow a maximum building height of 74 feet and vesting tentative tract map for the Garden Street Terraces Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the requested entitlements; and WHEREAS, the City Council 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, on June 1, 2010, for the purpose of considering Application U/TR 124 -06; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has reviewed and considered the Final EIR prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and _th_ the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Use Permit Findings. Based upon all the evidence, the City Council makes the following findings in support of the use permit to allow a maximum building height of 74 feet: 1. With implementation of conditions of approval and mitigation measures contained in the EIR, the public benefits associated with the project significantly outweigh any detrimental impacts from the additional height because the project meets or exceeds all established performance standards for buildings taller than 50 feet and at least two required policy objectives, including the following: a. Affordable and workforce housing (three low- income housing units at 9% of total units built). R 10183 .�. Resolution No. 10183 (2010 genes) Page 2 b. Economic vitality (retail and hospitality uses at 216% of building footprint). c. Other policy objectives (implementation of the City's Garden Street Improvement Plan and Conceptual Plan for the City's Center). d. View access and preservation (fifth floor Sky Terrace with views of the Santa Lucia foothills). e. Historic preservation (rehabilitation of all on -site historic buildings consistent with the Secretary of the Interior's Standards for the Treatment of Historic Resources). 2. The mixed -use project is consistent with the General Plan and community goals for the following reasons: a. Maintains and enhances the downtown area as the commercial and social center of the City by converting surface parking lots to more economically productive uses. b. Expands space for existing businesses and opportunities for new businesses to locate in the downtown area by creating new hotel, retail and restaurant space. c. Provides housing downtown interspersed with commercial uses to help balance jobs and housing in the community. d. Provides for improved pedestrian amenities via the project's pedestrian streets and paseos. e. Rehabilitates all on -site historic buildings consistent with the Secretary Standards for Treatment of Historic Resources. SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings in support of the airspace subdivision: l.*`'The design of the vesting tentative tract map is consistent with the General Plan because the project will incrementally add to the City's housing inventory, conforms to the site's allowable density, provides for three low- income housing units, and does not change allowable land uses or modify the intent or design of the project. 2. The site is physically suited for the type and density of development allowed in the C -D- H zone because the site is located adjacent to existing street right -of -ways with complete City services and the airspace subdivision will simply allow for separate ownerships of the various project components. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat Resolution No. 10183 (2010 series) Page 3 areas for fish and wildlife, is surrounded by urban development and has already been developed with commercial buildings and surface parking. 4. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 5. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the development will be designed to meet all existing building and safety codes. SECTION 3. Action. The City Council does hereby approve application U/TR 124 -06 with incorporation of the following conditions and code requirements: Conditions: 1. The project shall be revised consistent with the Reduced Development and Project without Public Parking Spaces alternatives. Revised plans shall incorporate all applicable EIR mitigation measures and use permit and subdivision conditions, subject to review by the Architectural Review Commission and final design approval by the City Council. 2. Minor variations to the Reduced Development alternative setback requirement of 15 feet above the 2nd floor level along Marsh and Broad Streets should be considered to achieve architectural benefits, subject to review by the Architectural Review Commission and final design approval by City Council. 3. If the revised project continues to exceed 50 feet in height, it shall be designed to comply with all applicable performance standards and policy objectives required in Chapter 17.42 (C) of the Zoning Regulations for buildings taller than 50 feet, subject to the approval of the Community Development Director. 4. The use permit shall be effective for a period of five years from the date of approval. 5. All applicable mitigation measures contained in the Final EIR shall be included as conditions of approval, and are incorporated herein by reference. 6. Pursuant to Government Code Section 66474.9(b), the subdivider 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 subdivision, and all actions relating thereto, including but not limited to environmental review. 7. The project shall provide a minimum 8 -foot clear sidewalk width on all project street frontages where existing buildings are not retained. To accommodate this requirement, building entries may need to be recessed or street furniture relocated. Project plans indicate Resolution No. 10183 (2010(ries) Page 4 that this required clearance is not provided at the comer of Broad and Marsh and along the Broad Street frontage. 8. Garden Street Improvement Plan: The final design of Garden Street shall be reviewed and approved by the Public Works Director and Fire Chief. Revisions to the plans shall include parallel parking, in- ground pavement lights across Higuera Street at Garden Street, dimensioned plans that identify a minimum 20 -foot wide curb -to -curb clear area between Marsh and Higuera Streets for emergency vehicle access, a minimum clearance of 4 feet behind a parked bicycle in Peak Racks for users to access the bike rack, dimensions from street furniture to building face with the goal of providing an 8 -foot clear width, the location of utility boxes or other sidewalk features that would limit the placement of street furniture, and retention of the existing truck turning radius onto Garden Alley to allow continued use by service vehicles. 9. Any City street furniture (i.e. bike racks, parking meters, trash cans, etc.) not utilized in the project shall be offered to the City for reuse at another location. 10. Building plans shall include City standard tree grates and pedestrian lighting for the downtown. 11. The parking structure shall be developed as a private parking structure. If the parking structure is approved for public parking, the circulation flow shall be reversed so the in- bound lane is on the right and adequate line of sight provided. This revision will provide adequate sight visibility and reduce confusion to those using a public parking garage. 12. Building plans submitted for public improvements shall include truck turning template diagrams illustrating truck turning movements at all street corners. A 35 -foot long ladder truck (12 feet wide) with a 44 foot turning radius shall maneuver the left hand turn from Garden Street onto Higuera Street. Plans shall be revised as needed to comply. 13. Bollards proposed for Garden Alley shall be relocated as close to the alley entry toward Garden Street as feasible so unauthorized vehicles will not have to back out of the alley. 14. Building plans shall include long and short-term bicycle parking dimensions per the manufacturer to illustrate adequate space and clearances are provided with a bicycle parked in each space. 15. A minimum of 3 short-term bicycle parking spaces shall be provided near the Broad Street entry to the neighborhood market for use by customers, subject to the approval of the Public Works Director. 16. Building plans shall identify bicycle parking required for commercial uses, the path of travel to these spaces and how these spaces will be easily accessed for use by employees and customers (i.e. directional signage and lighting). Resolution No. 10183 (2010 ocries) � Page 5 17. A minimum 6 -foot wide lighted pedestrian walkway shall be maintained (via an easement) through the building at street.level to allow public access from the interior of the building to Garden Alley, Garden Street, and Marsh Street. 18. To reduce vehicle conflicts in the parking structure street level driveway and allow for 6- foot clear pedestrian circulation, the proposed handicapped parking behind the hotel shall be relocated to the lower level. 19. The section of the City owned parcel located within "Garden Alley" and labeled as "Remainder" on the tentative map shall be incorporated into the public alley to remain. The process to achieve this alley continuity shall be resolved prior to map recordation. The final map shall be revised if necessary to reflect any offer of dedication, prior deed, or revised tract boundary reflecting any final project development conditions or provisions of the MOU. 20. The final map shall correctly define and describe all lots including but not limited to the lot(s) used for parking purposes. The final map shall comply with final project actions regarding the use(s) of the parking garage as public, private, or common areas. 21. The final lot configurations including upper and lower limits shall be based on the final construction requirements. 22. A separate exhibit documenting zoning and building code compliance shall be approved to the satisfaction of the Community Development Department prior to recordation of the map. 23. The final map shall show any existing or proposed offers of dedication and pedestrian easements as conditioned with all applicable agreements, discretionary approvals and/or building permit and public improvement plan approvals. 24. Public pedestrian easements may be necessary to accommodate improvements required for Americans with Disabilities Act (ADA) compliance or for circulation clearances around obstructions to satisfy conditioned access width requirements. If required, these easements shall be shown on the map to the approval of the Public Works Director. 25. The subdivider shall dedicate any private or public utility easements determined necessary to serve or accommodate the development of this project. The necessity of said easements will be determined in conjunction with the review of the public improvement plans, utility company plans, and building plans for the development. 26. The final map shall reserve and delineate certain applicable horizontal and vertical private easements including but not limited to drainage, utilities, vehicular and pedestrian ingress & egress for the benefit of the lots affected by such easements. 27. Prior to the issuance of a building permit, the applicant shall receive Utilities Department approval of an interim garbage storage and pick up plan for businesses currently utilizing Garden Alley for trash pick up and storage. Resolution No. 10183 (2010'3eries) � Page 6 28. The proposed project includes replacement of the existing six -inch sewer line in Garden Street with a new eight -inch sewer line due to its age, grade defects, and poor condition in order to accommodate the additional wastewater flows from the proposed project_. Should the City replace the sewer line prior to the project, the applicant shall reimburse the City for the cost of upsizing the sewer line from six to eight inches to accommodate the wastewater flows associated with the project. Upon motion of Council Member Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 151 day of June 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Stine Dietrick rty Attorney