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HomeMy WebLinkAboutr10391denyingappeals&upholdingarcactiontoapprovemixuseproj1340taftstRESOLUTION NO . 10391 (2012 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING APPEALS AND UPHOLDING THE ARCHITECTURAL REVIE W COMMISSION'S ACTION TO APPROVE A MIXED-USE PROJEC T FOR PROPERTY LOCATED AT 1340 TAFT STREE T (ARC 50-09) WHEREAS,the Architectural Review Commission, on July 18, 2012, approved a mixed-use project with seven residential units and 3,900 square feet of commercial floor area i n the Neighborhood Commercial zone ; an d WHEREAS,Isabel Marques filed an appeal of the Architectural Review Commission's action on June 27, 2012 ; and WHEREAS,Sandra Rowley on behalf of Residents for Quality Neighborhoods filed a n appeal of the Architectural Review Commission's action on June 28, 2012 ; an d WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 7 , 2012, for the purpose of considering the appeals of the Architectural Review Commission's action ; and WHEREAS,the Council has duly considered all evidence, including the record of th e Architectural Review Commission hearing and action, testimony of interested parties, and th e evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e following findings : 1.As conditioned, the project's design is appropriate for a mixed-use project and will b e compatible with surrounding development . 2.The proposed project will not be detrimental to the public health, safety and welfare o f persons living or working at the site or in the vicinity because the new mixed-use projec t conforms to all Zoning Regulation requirements . 3.The proposed project, which provides a deed-restricted unit affordable to low-incom e households, is consistent with many policies and programs of the General Plan that encourag e new development to accommodate affordable housing production and variety . By providing thi s affordable unit within the project, the City is able to approve a 35% density bonus and tw oincentives. The specific incentive approved for the project is allowing the lift parking a s proposed since the upper level of the mechanical lifts do not expressly meet the dimensional standard for parking spaces in the City's Parking & Driveway Standards and do no t R 10391 Resolution No . 10391 (2012 Series ) Page 2 accommodate some larger trucks and SUVs . Condition No . 21 is included to advise prospectiv e residential tenants of this parking design to insure that it meets their needs . 4.The project is consistent with General Plan policies that encourage mixed-use projects i n commercial districts and neighborhood preservation policies . The project complies with LU E Policy 2 .2 .10 by : having two-story development closest to Kentucky Avenue and stepping bac k in height toward the center of the lot ; providing a substantial setback between project building s and the closest buildings on adjacent sites ; and complying with all property developmen t standards for the C-N zone . The project also complies with LU Policy 2 .2 .12 by includin g design elements that facilitate neighborhood interaction such as the entries to residential unit s facing Kentucky Avenue . 5.The revised project is appropriate for the site and its surroundings and its desig n maintains consistency with the Community Design Guidelines for infill development , specifically Community Design Guideline 5 .4 C .2 which encourages new residential projects to step back in height from the street and provide entries to individual units from the street . 6.The proposed project makes good use of a deteriorated and unattractive site that has no t been viable for many years and creates an attractive and efficient site development . 7.The project is categorically exempt under Class 32, Infill Development Projects, Sectio n 15332 of the CEQA Guidelines . SECTION 2 .Action.The City Council hereby denies the appeals and upholds th e Architectural Review Commission's action to grant final approval to the mixed-use projec t (ARC 50-09) with 7 dwellings and 3,900 square feet of commercial floor area, wit h incorporation of the following conditions : Conditions : 1.Final project design and construction drawings shall be consistent with the alternativ e project design proposed by the applicant to respond to key issues raised by neighbors an d included in the 8-7-12 City Council Agenda report as Attachment 3 and in substantia l conformance with the project plans approved by the ARC on 6-18-12 . A separate, full-size shee t shall be included in working drawings submitted for a building permit that list all conditions, an d code requirements of project approval as Sheet No . 2 . Reference should be made in the margi n 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 Directo r or Architectural Review Commission, as deemed appropriate . 2.The color board for the project buildings presented at the meeting was supported by the Architectural Review Commission . Any modifications to the approved palette shall be reviewe d and approved by the Community Development Director prior to issuance of a building permit . Building colors shall be shown on the building elevations approved as part of working drawings . The sloping awnings shall match the vertical metal (no corrugated siding). Resolution No . 103 91 (2012 Series ) Page 3 3.All stucco and plastered surfaces shall have a smooth hand-finished appearance to th e satisfaction of the Community Development Director and not be a sprayed-on type o f application. A sample of the finish shall be submitted prior to issuance of a building permit . 4.Plans shall clearly show the details of all windows and storefronts . 5.A sign program for the development including both tenant and site wayfinding and directional signage shall be to the review and approval of the Community Development Directo r with consultation with the Public Works Director regarding site directional signs . The Community Development Director may approve the sign program if it is consistent wit h applicable sections of the sign regulations and is in keeping with the character and context of th e building . The Director may refer signage to the ARC if it seems excessive or out of characte r with the project . The Director has the authority to approve minor exceptions with the sig n program for directional signs if there are compelling circumstances such as visibility and safet y that warrant exceptions . 6.If proposed, parking lot poles and fixtures shall be shown on building permit plans an d not exceed 20 feet in height measured from the parking lot surface to the top of the fixture . The selected fixture(s) shall be shielded to insure that light is directed downward consistent with the requirements of the City's Night Sky Preservation standards contained in Chapter 17 .23 of the Zoning Regulations . Fixture and pole design shall complement the building architecture . 7.The locations of all wall-mounted lighting fixtures shall be clearly called out on buildin g elevations included as part of working drawings . All wall-mounted lighting shall complemen t building architecture . The lighting schedule for the building shall include a graphi c representation of the proposed lighting fixtures, and cut-sheets shall be separately submitted fo r the project file of the proposed lighting fixtures . The selected fixture(s) shall be shielded t o insure that light is directed downward consistent with the requirements of the City's Night Sk y Preservation standards contained in Chapter 17 .23 of the Zoning Regulations . Details of all exterior light fixtures, including any service area lights, need to be included as part of plans .A note shall be included on plans that "Lenses of exterior wall-mounted lights may be modified or shielding devices added after installation if the Community Development Director determine s that they emit excessive glare ." 8.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, whic h clearly show the sizes of proposed condensers and other mechanical equipment to be placed o n the roof to confirm that parapets and other roof features will adequately screen them . A line-of- site diagram may be needed to confirm that proposed screening will be adequate . This condition applies to initial construction and later improvements . 9.Final design details for the proposed trash and recycling enclosures shall be included i n working drawings for a building permit and shall be to the review and approval of th e Community Development and Utilities Departments . The ultimate design shall be consisten t with the Solid Waste Guidelines and coordinate with the exterior design of the buildings . Resolution No . 10391 (2012 Series) Page 4 10.A final landscaping plan, including irrigation details and plans, shall be submitted to th e Community Development Department along with working drawings . The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees wit h corresponding symbols for each plant material showing their specific locations on plans . 11.The location of any required backflow preventer and double-check assembly shall b e 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 . Wher e 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 yar d and screened using a combination of paint color, landscaping and, if deemed appropriate by th e Community Development Director, a low wall . The size and configuration of such equipmen t shall be subject to review and approval by the Utilities and Community Development Directors . 12.To ensure that parking spaces are reserved for commercial uses in the project, appropriat e signage shall be installed noting that 10 of the 13 surface spaces are available for commercial us e during typical business hours . 13.Final approved floor plans shall clearly call out the approved bedroom count for each uni t following final approval by the Architectural Review Commission and note that alterations t o units to create additional bedrooms are not allowed . The dens in the units shall not be utilized a s bedrooms . A covenant agreement signed by the property owner shall also be recorded prior t o final occupancy . If the project is subdivided, prospective owners shall be notified of thi s requirement . If the individual units are rented, rental contracts shall note that units are to be use d as two-bedroom residences . Tenants shall be notified of any applicable residential occupanc y restrictions . 14.Decks and balconies within the project shall not be utilized for the storage needs o f individual units . However, outdoor patio furniture, potted plants and small barbecues may b e placed in these areas . 15.The applicant shall provide for the professional, perpetual maintenance of all commo n area including private driveways, drainage, parking lot areas, walls and fences, lighting, an d landscaping in a first class condition . 16.Individual tenant spaces and the overall site shall be maintained in a neat and orderl y manner at all times . All plant materials shall be maintained and replaced as necessary . Fire 17.The 20 foot wide "public alley" shall be posted as a fire lane . 18.Fire sprinkler risers shall be located in a room with exterior door access . Resolution No . 10391 (2012 Series) Page 5 19.For the commercial and garage portions of the project, a NFPA 13 system will b e required . Based on more detailed information submitted with building plans, a final determination on appropriate sprinkler systems for the residential portions of the developmen t will be determined . Housing 20.Prior to the issuance of a building permit, the applicant shall enter into an affordabilit y agreement with the City of San Luis Obispo for one 2-bedroom low-income affordable renta l housing unit for a term of 55 years, which will be recorded against the title of the property . Stormwate r 21.The project will require the development, submittal and approval of a Water Pollutio n Control Plan in compliance with California Green Codes 2010 and the City's Stormwate r Management Plan prior to the issuance of a building permit . This will include within the plan set(s) detailed erosion and sediment control plans and detailed locations of all stormwater contro l measures and/or best management practices to be used on the site during construction activitie s and for post construction site stabilization . Since, this site had contamination issues at one tim e the plans should include details on how soils will be handled, managed, contained and /o r disposed of as necessary during the course of construction . Transportatio n 22.Prospective residential tenants shall be notified of the project's stacked parking desig n and advised that they should ensure that the on-site parking is adequate for their needs becaus e they will not be able to obtain on-street parking permits . 23.To ensure adequate visibility at the alley exit onto Kentucky Street, shrubs planted alon g the alley within 10 feet of the public sidewalk shall not exceed three feet in height at maturity . 24.The project's Taft Street frontage shall be signed for no parking unless a sight distanc e analysis that demonstrates parking or loading can be accommodated is submitted for the revie w and approval of the Traffic Operations Manager . The sight analysis shall include vehicles exitin g to Taft Street from the adjoining development located at 552 California . 25.The project is required to upgrade the adjacent City transit stop serving the site to bring i t into compliance with current City standards which includes a shelter, bench and trash can . 26.The traffic impact report dated September 13, 2009 recommends that pedestrian acces s across Taft Street be discouraged near Kentucky and along the project frontage . Prior to the issuance of a building permit, the applicant shall submit public improvement plans for th e installation of pedestrian barricades and/or other measures approved by the Public Work s Director to direct pedestrian crossings of Taft Street to the crosswalk at California Boulevard . Installation of these improvements shall be installed prior to any occupancy of the building . Resolution No . 10391 (2012 Series ) Page 6 27.Long and short-term bicycle parking shall be provided on site in accordance with Tabl e 6 .5 of the Zoning Regulations . Bicycle parking shall be installed at highly visible locations tha t are as close to the main entrance of the destination as possible and located at least a s conveniently as the most convenient automobile parking space . Dimensioned locations an d details of the short and long-term bicycle parking shall be provided on the project's constructio n plans including rack design, location, clearances and circulation for users in compliance wit h manufacturers' standards . A minimum four foot wide path of travel shall be provided to al l bicycle parking spaces . Additional bicycle parking (above what is required) may be proposed o n the project frontages if adequate pedestrian circulation is maintained and they result in no line o f sight issues . Public Works 28.The building plan submittal shall include a complete grading and drainage plan prepared by a licensed civil engineer . The plan shall include all work within the public right-of-wa y including the alley . Drainage analysis may be required to justify the curb capacity for the ne w driveway approach to the alley, alley drainage, and the transition from the alley into the parkin g garage . 29.The existing full depth driveway approach off of Kentucky to the alley shall be replace d per City Engineering Standard #2111 or other standard to the approval of the city . The approach shall include provisions for an accessible path of travel across or around the approach . The plans shall clarify how the effective curb height will be achieved to contain the street drainage . Otherwise, drainage calculations will be required to include the curb capacity of the propose d approach. The proposed improvements shall be shown to contain the design storm within the Kentucky right-of-way in accordance with City Engineering Standards and the Waterwa y Management Plan Drainage Design Manual . 30.The alley paving shall be upgraded for the full width of the alley across the propert y frontage as a condition of the building permit . The civil plans shall clarify the extent of alle y paving beyond the property line as needed to transition to the existing pavement to remain . 31.A concrete apron shall be provided in front of the trash enclosure to protect the pavemen t from repeated loading . The apron may need to be extended across the entire width of the alley . 32.The soils report and civil engineering plans shall address the potential for the project t o intercept groundwater . Permanent or temporary de-watering shall comply with city and stat e standards and permit requirements . Any permanent dewatering systems shall include pipin g systems that will discharge directly to the public storm drain system and not to the gutter per Cit y Engineering Standard 1010 .B . A permanent storm drain connection will be subject to an annua l storm drain connection fee in accordance with the fee resolution in effect at the time o f connection . 33.Access into the garage shall comply with the parking and driveway standards for downsloping driveways . Resolution No . 10391 (2012 Series ) Page 7 34.The building plan submittal/civil plans shall show and note all signage and striping provisions as recommended in the final traffic safety report or as updated for this revised project . 35.The building plans shall show compliance with the parking and driveway standards, Cit y Engineering Standards, and California Building Code . The parking garage shall includ e minimum heights, all space dimensions, striping, space widths, and clearances to sid e obstructions in accordance with city standards . The structural plans shall show the location of al l walls, shear walls, and columns in agreement with the dimensioned architectural plans . 36.The building plan submittal shall show all existing on-site and off-site trees over 3" i n diameter . The plans shall include the diameter, species, and disposition . The off-site tree s located at 552 California shall be shown and noted for reference . The tree canopies shall b e shown to scale for reference . The plans shall clarify the extent of pruning necessary to construc t the proposed structure . A complete tree preservation plan shall be provided in conjunction with the building plan submittal . 37.The applicant should consider the relocation or transplanting of the existing Olive tree i f feasible . 38.The preliminary title report included reference to an access agreement . A copy of the agreement shall be provided with the building plan submittal unless otherwise resolved . The plans shall clarify whether the provisions of the agreement affect the proposed site development . The agreement shall be extinguished or amended if applicable . 39.The building plan submittal shall clarify the disposition of the existing on-site and off-sit e monitoring wells . The wells located within the public right-of-way shall be abandoned if n o longer needed . The building plan submittal shall clarify whether additional wells will be required within the public right-of-way to compensate for the removal of any on-site wells . Utilitie s 40.The applicant shall submit a plan that delineates the location of the property's existing and proposed water meter(s), water services, and sewer laterals to the points of connection at th e City water and sewer mains . Each proposed unit shall have a separate water meter . 41.If the property's existing sewer lateral is proposed to be reused, submittal of a vide o inspection will be required for review and approval of the Utilities Department during th e Building Permit Review process . If a new lateral is proposed, the existing lateral must b e abandoned per City standards . Code Requirements The following code requirements are included for information purposes only.They serve to giv e the applicant a general idea of other City requirements that will apply to the project . This is no t intended to be an exhaustive list as other requirements may be identified during the plan chec k process . Resolution No . 10391 (2012 Series ) Page 8 1.The number of and locations of Street Trees are adequate . From a maintenance outlook consider revising the ornamental pears to a species less prone to limb failure . Trees are to b e planted to city specifications . 2.Tree protection measures on existing trees to remain shall be installed before an y demolition or construction begins . These measures are to follow the cities Standar d Specifications & Engineering Standards, section 20-2 TREE PROTECTION . Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, an d on the following roll call vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d Mayor Mar x NOES : None ABSENT : None The foregoing resolution was adopted this 7 th day of August 2012 . ATTEST : heryll chroeder Interim City Clerk