HomeMy WebLinkAboutReading File - PC Report, Minutes and Modified Reso 05-08-2019
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Development review of a three-story mixed-use development consisting of 15 residential units and 430 square feet of commercial space. The project includes two affordable housing alternative incentive requests for a Density Bonus of 97.5 percent and relief of site development standards to allow ground floor residences within the first 50 feet of floor area adjacent to the street. PROJECT ADDRESS: 1121 Montalban Street BY: Kyle Bell, Associate Planner Phone Number: (805) 781-7524 E-mail: kbell@slocity.org FILE NUMBER: ARCH-2008-2018 & FROM: Xzandrea Fowler, Deputy Director AFFH-2009-2018
RECOMMENDATION
Adopt the Draft Resolution (Attachment 1) that allows the approval of the project subject to findings
and conditions of approval.
SITE DATA
SUMMARY
The applicant is requesting to construct a new three-story mixed-use development consisting of 15
residential units (600 to 1,200 square feet each) and 430 square feet of commercial space. The project
site is located within the Tourist Commercial (C-T) zone. The applicant is requesting two affordable
housing alternative incentive (§ 17.140.070) for a 97.5 percent density bonus and relief of site
development standards to allow ground floor residences within the first 50 feet of floor area adjacent
to the street (Attachment 2, Project Plans).
The existing residence and accessory structures on site are planned for demolition; based on the
Historic Assessment, these structures are not historic resources (Attachment 3, Historic Assessment).
Applicant Chris Baranek
Representative Thom Jess, Arris Studio Architects
Zoning C-T (Tourist Commercial)
General Plan Tourist Commercial
Site Area ~15,000 square feet.
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines § 15332 (In-Fill
Development Projects)
Meeting Date: May 8, 2019
Item Number: 2
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 2
1.0 COMMISSION’S PURVIEW
Review project for consistency with the General Plan, Zoning Regulations, and applicable City
development standards and guidelines. Planning Commission (PC) review is required for projects
which include more than 10 residential units (ARCH-2008-2018). As noted above, the proposed
affordable housing incentives are included for final determination by the PC (AFFH-2009-2019).
2.0 PREVIOUS REVIEW
The Architectural Review Commission (ARC) reviewed the proposed project on April 1, 2019 for
consistency with the Community Design Guidelines. During their review the ARC provided seven
directional items to the applicant to address specific concerns related to building and site design
(Attachment 4, ARC Staff Report and Meeting Minutes).
3.0 PROJECT ANALYSIS
The proposed improvements must conform to the standards and limitations of the Zoning Regulations
and Engineering Standards and be consistent with the applicable Community Design Guidelines
(CDG). Staff has evaluated the project and identified discussion items for the PC to consider in order
to ensure the project responds to ARC direction and is in substantial compliance with the applicable
standards, as discussed in this analysis.
3.1 Consistency with the General Plan
The Housing and Land Use Elements encourage mixed-use projects where they can be found to be
compatible with existing and potential future development. The Land Use Element encourages
compatible mixed uses in commercial districts (LUE Policy 3.8.5) and specifically discusses
residential and commercial mixed use (LUE Policy 2.3.6)1.
The Housing Element provides policies and programs that speak specifically to supporting affordable
housing projects and increasing density bonuses above state allowances where appropriate. Granting
1 LUE Policy 2.3.6. The City shall encourage mixed use projects, where appropriate and compatible with existing and
planned development on the site and with adjacent and nearby properties. The City shall support the location of
mixed use projects and community and neighborhood commercial centers near major activity nodes and
transportation corridors / transit opportunities where appropriate.
Figure 2: Rendering of project design from Montalban Street.
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 3
a density bonus in excess of State allowances and allowing a reduction in site development standards
for building height are consistent with the Housing Element programs and policies to provide
additional housing for very-low income households.
The General Plan Land Use Element (LUE) Table 1 states that the Tourist Commercial land use
designation is intended to provide accommodations and services that primarily serve the traveling
public2. Whereas other non-residential land uses designations identify residential uses as part of
mixed-use projects as appropriate land uses, the Tourist Commercial land use designation does not.
The LUE Table 1 is intended to provide a general list of types of uses that could be allowed in each
land use designation, and the City’s Zoning Regulations are intended to provide further refinement
and expansion of the list of uses allowed on a given property. The LUE and the Zoning Regulations
do not identify any requirements or thresholds for residential and non-residential ratios as part of
mixed-use projects3.
Discussion Item #1: The Commission should consider the context of the Tourist Commercial land
use designation and discuss whether the residential and non-residential thresholds of the proposed
project are consistent with the intent of the current zoning.
3.2 Consistency with the Zoning Regulations
The project design complies with lot coverage, floor area ratios, and building height requirements for
the Tourist Commercial (C-T) zone (see Section 4.0 Project Statistics). In accordance with the Table
2-1 of the Zoning Regulations, mixed-use projects are allowed within the C-T-zone.
Mixed-Use Development: The Zoning Regulations 17.70.130 Mixed Use Projects provide standards
for the design of mixed-use projects to consider potential impacts on adjacent properties and designed
to be compatible with the adjacent and surrounding residential neighborhoods. Mixed-use projects
must be designed to achieve specific objectives including design criteria, site layout, pedestrian access
and performance standards. The project has been designed with the physical separation between the
residential and nonresidential uses and associated activity areas by a drive aisle through the site,
ensuring that the residential units are of a residential character and provide privacy between the uses,
while maintaining internal compatibility between the different uses by integrating pedestrian
connectivity with the commercial areas. The project design incorporates specific design features to
minimize potential impacts to and from adjacent properties by orienting sensitive uses away from the
low-density development. The vicinity is developed with low-intensity commercial service and
residential uses and is conducive to a mixed-use project with existing residential development directly
across Montalban Street. The project’s proposed common area is located internal to the project and
toward the neighboring commercial properties, minimizing potential adverse impacts from non-
residential project noise.
2 LUE Table 1 (Tourist Commercial): This designation provides for uses that primarily serve the traveling public. Uses;
Hotels, Motels, Restaurants, Service Stations, Recreational uses, Minor retail uses serving the needs of travelers,
public and quasi-public uses.
3 LUE. Land Use Diagram and Standards. Non-residential Designations and Mixed Uses: Dwellings may be provided
in non-residential districts as part of mixed use projects. So long as the floor area ratio for the applicable designation
is not exceeded, the maximum residential density may be developed in addition to non -residential development on a
site.
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 4
The project meets site layout standards for mixed-use projects by locating the residential units behind
and above the commercial portion of the project, however, the applicant is requesting relaxation to
the limitation of residential units on the ground floor within 50 feet of the building frontage facing
Montalban Street4 (see Section 3.3 Affordable Housing Alternative Incentives). Based on the size of
the proposed commercial floor area (430 square feet) no off-street loading areas are required. Trash
corrals are proposed along the common drive, in areas convenient for both the commercial and
residential uses.
3.3 Affordable Housing Alternative Incentives
The City of San Luis Obispo has recognized housing as an important issue within the City. The City’s
2017-19 Financial Plan identifies affordable housing as a Major City Goal. The City’s Housing
Element includes numerous policies and programs that support incentives, such as density bonuses,
to provide housing for low, very low and extremely low-income households. Zoning Regulations
Chapter 17.140.070(A) states that three incentives or concessions shall be granted for housing
developments that include at least 15% for very-low income households. The proposed project
provides 36% of the total units to be dedicated to very low-income households. Per State law, projects
that provide affordable housing are allowed up to 35 percent density bonus based on the number of
deed-restricted affordable units provided in the project. Chapter 17.140 of the Zoning Regulations
(Affordable Housing Incentives) outlines various incentives for affordable housing projects that
developers can request. Some of the alternative incentive examples called out in the Chapter includes
granting of a density bonus in excess of State allowances and allowing a reduction in site development
standards.
The Department of Housing and Urban Development’s Housing Accountability Act and Density
Bonus Law provide protections for housing development projects and which include density bonuses.
Government Code §§ 65915(d) (1)(B) and (d)(3) prevent an agency from denying the density bonus
or the incentive or concession or refusing to waive or reduce development standards, unless the
agency can make a finding based on substantial evidence that the density units, the incentive or
concession or the waiver or reduction in a development standard causes a “specific, adverse impact”
upon the public health, safety, or the physical environment, and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact 5.
Alternative Incentive Request #1: Density Bonus: The site, zoned C-T, has an allowable density of
4.13 units based on the site’s net acreage (12 units per acre). The applicant is requesting a density
bonus that would increase the total number of density units to 8.16, rounded up to 9 density units
pursuant to Section 17.140.040.B (26 units per acre), resulting in a 97.5% density bonus. To receive
a 97.5% density bonus, the applicant must provide 36% of base units restricted to very-low income
households, as outlined in Zoning Regulation Chapter 17.140.040(E), which equals 3 very-low
4 Zoning Regulations § 17.70.130.D Mixed-Use Development. Ground Floor Limitations: …In all other zones,
residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building
face adjacent to a street toward the rear of the building unless the review authority finds that the project enhances
the pedestrian environment in the surrounding area or will perform a function or provide a service that is essential
or beneficial to the community or City.
5 Government Code § 65589.5(j)(1). Definition of ‘Specific, Adverse Impact’: Significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions
as they existed on the date the application was deemed complete
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 5
income units. The applicant has proposed 3 one-bedroom units to be dedicated to very-low income
units.
Alternative Incentive Request #2: Reduction to Site Development Standards: The applicant is
requesting an alternative incentive to reduce site development standards to allow for residential uses
on the ground floor within 50 feet of the building frontage toward the street. The objective of the
mixed-use project design standards is to create a provide a commercial street frontage for mixed use
projects which promotes pedestrian-oriented building scale and location to create a pedestrian-
friendly environment. The proposed residential setback reduction on the ground floor is appropriate
for this site and location because primary commercial activities in the neighborhood are primarily
oriented toward Santa Rosa Street rather than Montalban. The proposed residential uses on the ground
floor are consistent and compatible with the existing neighborhood pattern and necessary to provide
for the density bonus and required affordable housing.
3.4 Architectural Review Commission Directional Items
The ARC recommended seven directional items to be reviewed and evaluated prior to taking final
action on the project. The applicant has made the following changes in response to the directional
items (Attachment 5, Applicant’s Response Letter):
ARC Directional Item #1: Consider relocating the commercial space closer to Santa Rosa replacing
Unit 101 and rearranging the commercial space to be compatible with adjacent commercial
businesses.
Response: The intent of this directional item was to orient the commercial space closer to existing
commercial activities. The applicant has expressed that the relocation of the commercial space would
result in a reduction of the number of units and the feasibility of the project in conjunction with the
requested density bonus. In accordance with the Housing Accountability Act (Government Code §
65589.5) as it applies to housing development projects would require specific findings to reduce the
density of a project b y identifying a specific, adverse impact upon the public health or safety; as
discussed in greater detail under Section 3.3 of this report. Condition No. 3 has been provided to
require a front entry porch for the residential unit on the ground floor along Montalban Street, subject
to the satisfaction of the Community Development Director.
ARC Directional Item #2: Provide additional articulation for the commercial entry to the property,
provide a sense of entry from Montalban Street (such as an awning or some other type of covered
entry).
Response: The applicant has provided an awning above the commercial store front with identified
signage locations.
ARC Directional Item #3: Re-evaluate the parking requirement in relation to the proposal of divided
bedrooms. The bedrooms that include divided walls should be considered as multiple bedrooms for
the purposes of parking requirements.
Response: The intent of this directional item was to address the project design as it provides for
potential conversion of bedrooms into multiple bedrooms that should reflect the City’s parking
requirements. The applicant has explained that the proposed partitions are intended to provide privacy
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 6
for those who share rooms and that the presence of movable partitions does not increase the number
of occupants of the units, which is regulated by the Department of Housing and Urban Development
and protected under the Fair Housing Act. Condition No. 4 has been provided to require removal of
bedroom partitions upon building permit submittal.
ARC Directional Item #4: The project should incorporate a Trip Reduction Plan, to reduce vehicle
parking demand for the intended uses of the property.
Response: The intent of this directional item was to reduce the demand on parking by reducing the
number of vehicle trips to and from the property by promoting or incentivizing alternative modes of
transportation. However, a Trip Reduction Plan has not been provided, the applicant has expressed
that they are agreeable to promoting ridesharing and public transportation with information on these
options readily available to the residences, without including a Trip Reduction Plan since the project
does not include any parking reductions. Condition No. 5 has been provided to encourage a Trip
Reduction Plan prior to building permit issuance, subject to the satisfaction of the City’s Public Works
and Community Development Directors.
ARC Directional Item #5: Consider incorporating additional accent color opportunities within the
interior elevations.
Response: The applicant has revised the project to incorporate additional accent color along the
community room entrance interior to the site.
ARC Directional Item #6: The project plans should incorporate adjacent structures in the project
renderings to demonstrate compatibility and neighborhood context.
Response: The applicant has updated the project renderings to include adjacent structures, please see
pages A6.0, A6.1, and A6.2 of the project plans.
ARC Directional Item #7: Plans should provide additional details of proposed fencing along the
parking lot for screening from the adjacent residential properties.
Response: The applicant has updated the project plans to identify a 6-foot fence with horizontal slates
along the east property line, effectively screening the parking lot from the adjacent residential
property, see pages A5.2 of the project plans.
4.0 PROJECT STATISTICS
Site Details Proposed1 Required2
Lot Size 15,000 sq. ft. 9,000 sq. ft. (min)
Height of Structures 35 45
Max Building Coverage (footprint) 50% 75%
Floor Area Ratio (FAR) 0.8 2.5
Density Units 9 DU 4.08 DU
Density Bonus 97.5% (Incentive Request) 35%
Setbacks
Front Yard
10 feet
10 feet
ARCH-2008-2018 & AFFH-2009-2018
1121 Montalban Street
Page 7
Side Yard
Residential on the ground floor
5 feet
0 feet (Incentive Request)
0 feet
50 feet
Vehicle Parking 19 spaces 19 spaces
Electric Vehicle Parking 3 EV Ready
10 EV Capable
3 EV Ready
10 EV Capable
Motorcycle Parking 1 1
Bicycle Parking 34 34
1 Project Plans (Attachment 1)
22019 Zoning Regulations
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 32, In -Fill Development Projects; Section 15332 of
the State California Environmental Quality Act (CEQA) Guidelines, because the project is consistent
with General Plan policies for the land use designation and is consistent with the applicable zoning
designation and regulations. The project site occurs on a property of no more than five acres
substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened
species 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.
6.0 OTHER DEPARTMENT COMMENTS
All City Departments have reviewed the project and have provided comments that are incorporated
into the staff report and recommended resolution as conditions of approval.
7.0 ALTERNATIVES
7.1 Continue the item. An action to continue the item should include a detailed list of addi tional
information or analysis required.
7.2 Deny the project. An action denying the application should include findings that cite the basis
for denial and should reference inconsistency with the General Plan, Community Design
Guidelines, Zoning Regulations or other policy documents. Should the Planning Commission
want to pursue this alternative, Staff recommends that the specific findings under Government
Code §§ 65915(d)(1)(B) and (d)(3) are adequately addressed.
8.0 ATTACHMENTS
1. Draft Resolution
2. Project Plans
3. Historic Assessment
4. ARC Staff Report and Draft Meeting Minutes 4.1.19
5. Applicant’s Response Letter to ARC Directional Items
CityofSanLuisObispo, CouncilAgenda, CityHall, 990PalmStreet, SanLuis
Obispo
Minutes
Planning Commission
Regular Meeting
Wednesday, May 8, 2019
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, May 8, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San
Luis Obispo, California, by Chair Mike Wulkan.
ROLL CALL
Present : Commissioners Robert Jorgensen, Steve Kahn, John McKenzie, Charles
Stevenson, Vice-Chair Hemalata Dandekar, and Chair Mike Wulkan.
Absent: Commissioner Nicholas Quincey
Staff : Community Development Director Michael Codron, Community
Development Deputy Director Fowler, Interim Assistant City Attorney Roy
Hanley, City Clerk Teresa Purrington.
Pledge of Allegiance
Chair Wulkan led the Pledge of Allegiance.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
PUBLIC HEARINGS
1.Project Address: 1121 Montalban Street. Case #: ARCH 2008-2018 & AFFH-2009-
2018, C-T zone; Chris Baranek, applicant.
Associate Planner Kyle Bell the staff report and responded to Commission inquiries.
Tom Jess, Arris, Applicants Representative summarized the project and answered
Commissioner’s questions.
Chair Wulkan opened the public hearing.
Public Comments
Planning Commission Meeting Minutes
May 8, 2019
Page 2 of 3
Amy Joy
Chair Wulkan closed the public hearing
ACTION: MOTION BY COMMISSIONER KAHN, SECOND BY COMMISSIONER
MCKENZIE, CARRIED 4-2-1 (COMMISSIONERS JORGENSEN AND STEVENSON
VOTING NO AND COMMISSIONER QUINCEY ABSENT) to adopt a resolution entitled:
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING
THE DEVELOPMENT OF A THREE-STORY MIXED-USE DEVELOPMENT CONSISTING
OF 15 RESIDENTIAL UNITS AND 430 SQUARE FEET OF COMMERCIAL SPACE. THE
PROJECT INCLUDES TWO AFFORDABLE HOUSING ALTERNATIVE INCENTIVE
REQUESTS FOR A DENSITY BONUS OF 97.5 PERCENT AND RELIEF OF SITE
DEVELOPMENT STANDARDS TO ALLOW GROUND FLOOR RESIDENCES WITHIN
THE FIRST 50 FEET OF FLOOR AREA ADJACENT TO THE STREET. THE PROJECT IS
CATEGORICAL EXEMPT FROM ENVIRONMENTAL REVIEW. AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MAY 8, 2019 (1121 MONTALBAN,
ARCH-2008-2018 & AFFH-2009-2018)”
With the following modifications:
Remove Condition No. 4
Conditions to be added:
The design of proposed structure will incorporate site planning measures and 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.
Plans submitted for a building permit shall replace the fence along the west property line
to include a concrete/block wall, subject to the satisfaction of the Community
Development Director.
Plans submitted for a building permit shall be restricted to a single door egress from
bedrooms rather than the proposed double door, subject to the satisfaction of the
Community Development Director.
Plans submitted for a building permit shall provide bike storage for the second and third
floor units to be located on the ground floor, subject to the satisfaction of the Community
Development Director.
PRESENTATION
Planning Commission Meeting Minutes
May 8, 2019
Page 3 of 3
2.Parks and Recreation Element/Master Plan Update, Community Needs Assessment.
Senior Planner Shawna Scott presented the staff report and responded to Commission
inquiries.
Public Comments
None.
End of Public Comment---
By consensus, the Commission received an update on the Parks and Recreation Master Plan
and General Plan Element Update and associated Community Needs Assessment report.
COMMENT AND DISCUSSION
3.Agenda Forecast – Community Development Deputy Director Xzandrea Fowler provided an
update of upcoming projects.
ADJOURNMENT
The meeting was adjourned at 8:15 p.m. The next Regular meeting of the Planning Commission
is scheduled for Wednesday, May 22, 2019 at 6:00 p.m., in the location, 990 Palm Street, San
Luis Obispo, California.
APPROVED BY THE PLANNING COMMISSION: 06/26/2019