HomeMy WebLinkAboutPC-1115-2026 (APPL-0027-2026 -- 920 and 930 Rachel Ct.)RESOLUTION NO. PC-1115-26
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION DENYING AN APPEAL AND UPHOLDING THE
COMMUNITY DEVELOPMENT DIRECTOR’S DECISION APPROVING
MINOR DEVELOPMENT REVIEW APPLICATION ARCH-0529-2024
WITH AN EXCEPTION TO A HILLSIDE DEVELOPMENT STANDARD AT
920 & 930 RACHEL COURT (C)
WHEREAS, on January 15, 2026 the Community Development Director approved
Minor Development Review application ARCH-0529-2024 with an exception to a Hillside
Development Standard pertaining to excess retaining wall height and an associated tree
removal application (TREE-0520-2024) for the construction of a multifamily residential
project at 920 and 930 Rachel Court; Brian Rolph, applicant; and
WHEREAS, on January 20, 2026, Mike McCormick filed an appeal of the
Community Development Director’s decision to approve the Minor Development Review
application with an exception to a Hillside Development Standard; 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, on March 11, 2026,
to consider the appeal of the Community Development Director’s decision to approve the
Minor Development Review application with an exception to a Hillside Development
Standard; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of the applicant, interested parties, and evaluation and recommendations
by staff presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Planning Commission
makes the following findings:
Minor Development Review
1. The project is consistent with the General Plan’s Land Use Element (LUE) because it is a
multifamily residential development consistent with the requirements of the Medium-Density
Residential (R-2) Zone District. The project is also an infill development near to services and
facilities like parks, retail, restaurants, and public transportation, as called for in LUE Policy
2.2.7. The project incorporates design choices, such as the front setback pattern, the scale,
and form and architectural style that are compatible with the neighborhood character as called
for in LUE Policy 2.3.9.
2. The project is consistent with the General Plan’s Housing Element (HE) because the project
would result in a higher residential density that contributes to the City’s 6th Cycle RHNA
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production targets as called for in HE Policy 6.8, and it provides a design compatible with the
existing neighborhood character as called for in HE Policy 7.1.
3. As proposed, the project is consistent with the Zoning Regulations because multifamily
residences are an allowed use in the Medium-Density Residential (R-2) Zone. The project is
consistent with the development standards outlined in SLOMC 17.18 (Medium-Density
Residential), which includes, but is not limited to, density, lot coverage, setbacks, and height of
structures.
4. The project is consistent with the policies of the Community Design Guidelines for multifamily
and infill development. The design incorporates massing techniques and color palette choices
complementary to the neighborhood’s craftsman architectural style. This includes, but is not
limited to, wood panel and shingle siding and second-story front balconies.
5. As conditioned, the project provides adequate consideration of potential adverse effects on
surrounding properties such as traffic, vehicular and pedestrian safety, visual, and scale,
because the development (a) includes sufficient on-site parking; (b) will not result in parked
vehicles that encroach to the public right-of-way or hinder line-of-sight requirements at an
intersection; (c) incorporates design choices that are compatible with other developments in
the surrounding neighborhood; and (d) incorporates building materials and colors consistent
with surrounding residences.
6. As conditioned, the project would not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because it includes the construction of four
residential units on a lot that allows for multifamily residential development and shall comply
with all applicable Building Code and Fire Code requirements.
Retaining Wall Height Exception
1. The proposed retaining wall height exception to facilitate construction of these residential
units is consistent with the intent of the City’s Zoning Regulations and General Plan. The
creation of these duplexes as proposed here provides infill residential development that is
otherwise permitted by the City’s Zoning Regulations. The proposed design is consistent
with every other development standard for multifamily residential development. Such
development is also called for in HE Policy 6.8, requiring the City to support residential infill
development for the purpose of meeting the 6th Cycle RHNA production targets. The
proposed development also provides a design consistent with the existing neighborhood
character as called for in HE Policy 7.1.
2. Due to the slope of the property, retaining walls are a necessary feature to maintain site
integrity and manage drainage across the sloped site. The project has been designed to
minimize the instances in which a retaining wall exceeds the allowed height while still
providing the necessary support for the proposed structures and maintaining compliance
with other grading requirements. Therefore, the proposed alternative provides a design
solution that is equivalent to or better than the standards prescribed for quality, effectiveness,
durability, and safety.
3. The instances in which retaining wall height exceeds the maximum allowable height are
located within, at the rear, and along the side of the proposed development and will not
impact any scenic resources. Additionally, as this is an infill development, the requested
exception will not hinder opportunities for wildlife habitation, rest, and movement.
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4. The proposed exception will not prevent the implementation of City-adopted plans, nor
increase the adverse environmental effects of implementing such plans, as the proposed
development is consistent with the building pattern of adjacent and surrounding properties.
5. The property’s existing topography, especially areas with significant elevation changes,
necessitates the requested exception so that a residential development similar to
surrounding properties may be developed on this site.
6. This exception will not constitute a grant of special privilege because adjacent and
surrounding properties in this area also feature retaining walls that exceed the maximum
allowable height for such structures.
7. This exception will not be detrimental to the public welfare or injurious to other properties in
the area of the project as the current design minimizes the heights of retaining walls to the
furthest extent possible while still properly managing site drainage and site integrity as not
to impact adjacent properties. The development itself, including the retaining walls, shall
comply with all applicable standards as required of similar residential development.
8. A redesign of the project would deny the property owner reasonable use of the property. The
retaining wall height exception is necessary to allow a development that maintains prevalent
design patterns in the surrounding neighborhood while still maintaining site integrity and
properly managing site drainage. Requiring a redesign would require a reduction in the
number of units that is otherwise allowed in the R-2 zone, therefore, denying reasonable use
of the property.
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review under Section 15332 (In-Fill Development Projects) of the California
Environmental Quality Act (CEQA) because it is consistent with applicable General Plan
policies and Zoning Regulations; is located on a site that is less than five (5) acres in size
(0.5 acre); is surrounded by other urban uses (existing restaurants, temporary lodging,
etc.); and is not a habitat for endangered, rare, or threatened species since it has been
previously disturbed and landscaping cleared. Approval of the project will not result in
significant effects related to (a) traffic because the project would not exceed the trip
threshold (i.e., less than 110 daily vehicle trips) anticipated for Small Development
Projects per the OPR CEQA Guidelines; (b) noise because the project would comply with
exterior and interior noise limits outlined in Chapter 9.12 (Noise Control); (c) air quality
because construction-related emissions are temporary; and (d) water quality because the
project would implement drainage and stormwater improvements.
SECTION 3. Action. The Planning Commission does hereby deny the subject
appeal filed by Mike McCormick, and upholds the Community Devleopment Director’s
decision to approve the Minor Development Review application with an exception to a
Hillside Development Standard at 920 and 930 Rachel Court, under Minor Development
Review application ARCH-0529-2024, based on the above findings, and subject to the
following conditions:
Planning Division - Community Development Department
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with approved plans. A separate, full-sized sheet shall be included in
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the working drawings submitted for a building permit that lists all conditions of approval and
applicable code requirements as Sheet No. 2. Reference shall be made in the margin of listed
items as to where these requirements are addressed in the plans. Any change to the 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. 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 materials identified in the Development Review application.
3. Plans submitted for a building permit shall include recessed window details or equivalent
shadow variation, and all other details including but not limited to awnings, cornices, and
railings. 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.
4. Windows proposed throughout the residential development shall comply with Community
Design Guideline 5.2(G) where one or more windows proposed ten feet or less from a side lot
line, or within 10 feet of another dwelling, shall be located and/or screened to provide privacy
for the residents of both structures (e.g., orientation of windows, offsetting windows,
translucent or glazed windows, etc.).
5. Plans submitted for the building plan check shall include the locations of all exterior lighting.
All wall-mounted lighting fixtures shall be clearly labeled on building elevations and
complement the building architecture. The lighting schedule for the building shall include a
graphic representation of the proposed lighting fixtures and cut sheets in the submitted plans.
The selected fixture(s) shall be consistent with standards outlined in Municipal Code Section
17.70.100 (Lighting and Night Sky Preservation).
6. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether
located on the ground, roof, or elsewhere on the structure or property, shall be screened from
public view with materials that are architecturally compatible with the structures to the
satisfaction of the Community Development Director. Public view includes existing views from
all public streets and sidewalks. Gas and electric meters, electric transformers, and large
water piping systems (e.g., backflow prevention devices) shall be completely screened from
public view with approved architectural features and/or landscaping or located in the interior
of the residence or property. Please note this requirement applies to the initial construction of
the building and any subsequent improvements.
7. Plans submitted for the building permit shall include the landscape and irrigation plans. 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. Details on the proposed surfaces and finishes of hardscapes shall be
included in the landscaping plan.
8. Plans submitted for the building permit shall include elevations and detail drawings of all
proposed fences and/or walls. All proposed fences and walls shall be of high-quality materials
such as pressure-treated wood fences, split-face block walls, etc. Fences facing the public
right-of-way shall be constructed with the finished side of the fence facing the public right-of-
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way. For the life of the fence, the owner shall conduct all necessary repairs and maintenance
to ensure the fence and associated landscaping, located between the fence and property line,
remain in a high-quality and orderly condition to the satisfaction of the Community
Development Director. All proposed fences, walls, and hedges shall comply with standards
outlined in Municipal Code Section 17.70.070 (Fences, Walls, and Hedges).
Housing Policies and Programs – Community Development Department
9. Per Section 17.138.070 of the City’s Municipal Code, this project is subject to the City’s
inclusionary housing requirements. The building permit submittal shall provide an inclusionary
housing plan that describes how the project intends to meet the inclusionary housing
requirement for this project. If the project is to use the in-lieu fee option, provide calculations
on the plans to identify the estimated in-lieu fees. If affordable units are to be provided within
the project, identify the specific limits intended to be dedicated and the specific income levels
of each unit (e.g., low-income, moderate-income, etc.).
Urban Forestry – Community Development Department
10. Trees requested for removal (TREE-0520-2024) include one (1) tree onsite (33-inch DSH
Pinus pinea (Italian Stone Pine)) as shown on the Development Review application. The
project shall replant, at a minimum, five (5) trees onsite, with three (3) being along the frontage
of Rachel Court. These street trees shall be large-canopied trees and sufficient space shall be
allocated to accommodate their rootzones to the satisfaction of the City Arborist. All tree
species, size, and location adjustments at any time are subject to City Arborist approval. All
proposed tree plantings shall be shown on the landscape plan.
11. The new compensatory tree(s) shall be planted per the City’s Engineering Standards for Tree
Planting before the final building approval has been completed. Provide photographic evidence
to the City Arborist (wgault@slocity.org) that trees have been planted. All trees planted as part
of a compensatory plan shall survive and be retained. Any trees that do not survive or establish
in good health, to the satisfaction of the City Arborist, shall be replanted.
12. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of 1972
prevents the removal of trees with active nests. To account for most nesting birds, removal of
trees should be scheduled to occur in the fall and winter (between September 1st and January
31st) and after the young have fledged. If removing trees during the nesting season (February
1st to August 31st), a qualified biologist shall inspect any trees marked for removal that contain
nests to determine if the nests are active. If there are active nests, trees shall not be removed
and may only be removed once a qualified biologist provides a confirmation memo that
breeding/nesting is completed, and young have fledged the nest prior to removal of the tree to
the satisfaction of the Community Development Director or City Biologist.
13. Trees not approved for removal shall be protected in accordance with the City’s Municipal Code
and Engineering Standards and Specifications.
Engineering Division
14. Prior to building permit issuance, the applicant shall submit a soils and geotechnical report for
all proposed structures and drainage facilities and a final review letter from the soils engineer.
This letter must state that the building plans have been reviewed and have been found to be
in general conformance with recommendations in the report for evaluation of over-excavation
and re-compaction depths and verify that structures on adjacent parcels will not be impacted
by the over-excavation needed for site retaining walls and building foundations. Any soils
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engineer special inspection notes and the special inspection program shall be approved to
the satisfaction of the Building Official.
15. Prior to building permit issuance, provide a full, Detailed Erosion Control Plan as part of the
Building Permit application, per Drainage Design Manual section 10.1.1 Se 3.7, for project
areas on slopes greater than or equal to 10%. See Section 10.4 for Detailed Erosion Control
Plan Requirements.
16. Prior to request for final inspection, applicant shall install new, preserve existing, or re-
establish destroyed survey monuments in accordance with City of San Luis Obispo
Engineering Standard 1010, Section 9.1. Applicant shall construct all new and replacement
monuments per Engineering Standard 9020.
17. Prior to building permit issuance, the applicant shall submit supporting documentation which
demonstrates compliance with the City’s Floodplain Management Regulations, Drainage
Design Manual (DDM), and the Post Construction Stormwater Regulations (PCR’s).
Supporting documentation shall at least include:
a. A project drainage report
b. A completed Stormwater Control Plan – form available on the City’s website (update
to show PR2)
c. A Stormwater Control Plan (update to show PR2)
d. An Operations and Maintenance Manual for all proposed stormwater improvements
proposed to comply with Performance Requirements 2.
Utilities Department
18. Building permit submittal shall include a site utility plan showing the size of existing and
proposed sewer and water services. The plan shall clearly identify any existing utility service
infrastructure proposed for demolition, abandonment, or replacement. The proposed utility
infrastructure shall comply with the latest engineering design standards effective at the time
the building permit is obtained. Engineer’s calculations shall be provided with the submittal of
the building permit to conform water meter size, water service line size, and sewer lateral size.
19. The building permit 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 maximum applied water allowance (MAWA).
20. The project is located within a capacity constrained area and shall meet the wastewater flow
offset requirements per Chapter 13.08.396 of the City’s Municipal Code prior to building permit
issuance, to the satisfaction of the Public Works & Utilities Director. The Wastewater Offset
Flow Application and a PDF version of the project plans shall be submitted to the Utilities
Engineer at wastewateroffset@slocity.org.
Indemnification
21. 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,
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or employees to attack, set aside, void or annul, the approval by the City of this project, and all
actions relating thereto, including but not limited to environmental review (“Indemnified
Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being
presented with the Indemnified Claim and the City shall fully cooperate in the defense against
an Indemnified Claim.
On motion by Vice Chair Tolle, seconded by Commissioner Jorgensen, and on the
following roll call vote:
AYES: Commissioner Cooley, Commissioner Munoz-Morris, Commissioner
Jorgensen, Commissioner Kahn, Vice Chair Tolle, Chair Houghton
NOES: None
REFRAIN: Commissioner Flores
ABSENT: None
The foregoing resolution was passed and adopted this 11th day of March 2026.
__________________________
Tyler Corey, Secretary
Planning Commission