HomeMy WebLinkAbout10-18-2016 Item 20 Appeal of PC decision for a mixed-use project located at 22 Chorro Street Meeting Date: 10/18/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION
TO DENY A NEW FOUR-STORY MIXED-USE PROJECT WITH GROUND
FLOOR COMMERCIAL/RETAIL SPACE AND 27 RESIDENTIAL UNITS,
INCLUDING A REQUEST FOR A 40% PARKING REDUCTION WITH
MECHANICAL PARKING LIFTS. 11% OF THE UNITS IN THE PROJECT
WILL BE AFFORDABLE FOR VERY-LOW INCOME HOUSEHOLDS AND
AFFORDABLE HOUSING INCENTIVES ARE REQUESTED, INCLUDING A
35% DENSITY BONUS, AND THE CONSTRUCTION OF A 43-FOOT TALL
STRUCTURE WHERE 35 FEET IS NORMALLY ALLOWED.
PLANNING COMMISSION ACTION
The Planning Commission denied approval of a use permit for a mixed-use project in the
Foothill Boulevard special planning area. Staff has included a resolution (Attachment A) denying
the appeal, which would affirm the Planning Commission action to deny the project, based on
required findings.
STAFF RECOMMENDATION
Adopt a resolution (Attachment B) upholding the appeal of the Planning Commission’s denial of
a use permit for a mixed-use project at 22 Chorro Street, thereby approving the use permit for a
mixed-use project in the Foothill Boulevard special planning area, a 40% parking reduction and
the use of mechanical parking lifts, including approval of a height exception as an affordable
housing incentive.
SITE DATA
Applicant San Luis Development Group, LLC
Representative Thom Jess, Architect
Zoning C-C-SF (Community Commercial
with a Special Focus Overlay)
General Plan Commercial
Site Area 0.55 acres (24,033 s.f.) (3 parcels)
Environmental
Status
Categorically Exempt from
environmental review under Section
15332 (In-Fill Development
Projects) of the CEQA Guidelines.
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REPORT-IN-BRIEF
The applicant submitted an application for approval of a project for a new four-story mixed-use
project with 1,600 square feet of ground floor commercial/retail space and 27 residential units.
The project includes a 35% density bonus as mandated by State law, because 11% of the units
are designated for very-low income households. As one of its affordable housing incentives, the
applicant is requesting a 43-foot maximum height for the structure where 35 feet is allowed. The
project also includes a request for a combined 40% parking reduction and the use of mechanical
parking lifts, as allowed by the Zoning Regulations with the approval of a use permit.
The project is located within the Foothill Boulevard/Santa Rosa Special Planning Area and,
therefore, required Planning Commission (PC) review and approval (Zoning Regulations,
Chapter 17.53: Special Focus Area (S-F) Overlay Zone). The project also requires architectural
review by the Architectural Review Commission.
On August 24, 2016, the PC reviewed the proposed project and voted to deny the project based
on various findings relating to impacts to the health, safety and welfare due to the height of the
development and lack of on-site parking (Attachment C, PC Resolution).
On August 31, 2016, the applicant appealed the PC’s decision to deny the project (Attachment F,
PC Appeal and Supplemental Letter).
While the staff recommendation is to uphold the appeal and approve the project (as more fully
explained below), the City Council may choose to deny the appeal, thereby upholding the
Planning Commission decision. If the City Council chooses to deny the appeal, special findings
are needed as required by State law to form an adequate basis for the denial. Staff has provided
findings for project denial for the Council’s consideration which are set forth in Attachment A.
The staff recommendation to uphold the appeal is reflected in Attachment B. The following
discussion provides additional background and analysis of the proposed project and the appeal.
DISCUSSION
Project Description
The project site is an existing 24,033 square foot lot located at the corner of Chorro Street and
Foothill Boulevard (Attachment D, Vicinity Map). The site is zoned Community Commercial
(C-C) and has a 36 density units per acre, the highest density allowed in the City. The site i s
relatively flat, currently vacant, and was last utilized as a gas station. The site is surrounded by
the following uses and zoning:
North: C-R-SF (University Square Shopping Center)
South: R-1 (Single family residences)
East: C-C-SF (G. Brothers Restaurant)
West: C-C-SF & R-1 (Jamba Juice, Starbucks, Single family residences)
The project proposes to construct a new four-story mixed-use project as described below
(Attachment E, Project Plans):
1,600 square feet of ground floor commercial/retail space;
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27 residential units (23 two-bedrooms and 4 studios restricted for very-low income
households);
A request for a 40% shared/mixed-use/bicycle parking reduction to reduce the required
parking from 55 parking spaces to 33 parking spaces; and
113 bicycle parking spaces (80 long-term and 33 short-term).
Background
The areas discussed below provide important background information on the policy and
regulatory environment that shape the review of the project. Although approval of this use permit
would result in a building that is taller than adjacent development, staff’s analysis of the project
shows that it can be found consistent with the City’s General Plan and Zoning Code. In this case,
the policy and regulatory structure favor the production of housing by enabl ing concessions for
height and reductions in parking. Taken together with the project’s central location and the
incentives and strong protections afforded by State law for housing projects (especially
affordable housing), the proposed mixed use project that uses an affordable housing density
bonus and height exception to provide more housing than would otherwise be allowed, and
which is situated along a major transit, bike, and pedestrian corridor, is on balance consistent
with City policies and regulations. These issues are more fully discussed in the followed six
subsections.
1. Land Use Element, Chapter 8: Special Focus Area
On December 9, 2014, the City Council adopted the new Land Use and Circulation Elements
(LUCE) of the General Plan. As a part of the update, a new section was added to the Land Use
Element (LUE) that identified Special Planning Areas. The proposed project is located in the
Foothill Boulevard/Santa Rosa Special Planning Area,1 which includes property on both sides of
Foothill Boulevard between Chorro and Santa Rosa currently developed as commercial centers
that include highway and neighborhood serving commercial uses. The Foothill Boulevard/Santa
Rosa Special Planning Area encourages the development of mixed-use projects, adjustments in
parking and height requirements and improving intersections along Foothill Boulevard. Below is
a copy of Policy 8.2.1 from the LUE.
1 Land Use Element Section 8.2.1. Foothill Boulevard / Santa Rosa Area.
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2. Housing Element
The Housing Element (HE) outlines a series of goals and policies to encourage the development
of housing production for all financial strata of the City's population. The City has outlined in
HE Goal 2 that housing should be in-line with the Regional Housing Needs Allocation, for the
2014 - 2019 planning period (see Table 1). The project is proposing to construct four very-low
income units which are some of the more challenging units to be provided within a private
development. The HE further states that affordable housing units should be intermixed and not
segregated by economic status and encourages housing development that meets a variety of
special needs, including large families, single parents, disabled persons, the elderly, students,
veterans, the homeless, or those seeking congregate care, group housing, single-room occupancy
or co-housing accommodations, utilizing universal design (HE Policy 8.1). The Housing
Element also states that preference for residential be given over commercial uses (Policy 11.1).
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In addition, the Housing Element further states:
That the City should continue to consider increasing residential densities above state
density bonus allowances for projects that provide housing for low, very low and
extremely low income households (Policy 2.17); and
That the City should continue to incentivize affordable housing development with density
bonuses, parking reductions and other development incentives, including City financial
assistance (Program 6.19).
Table 1: Housing Element Table 6: Remaining RHNA need based on dwelling units approved,
under construction or built (January 1, 2014 to October 11, 2016)
Income Category
A B A-B
New
Construction
Need
(RHNA)
Dwelling Units
Approved, Under
Construction or Built
Remaining RHNA
Need, Dwelling
Units
Extremely-Low (< 31% of
AMI)
142 5 137
Very Low (31-50% of AMI) 143 53 90
Low (51-80% of AMI) 179 81 98
Moderate (81-120% of AMI) 202 95 107
Above Moderate (>120% of
AMI)
478 4781 0
TOTAL RHNA UNITS 1,144 7121 432
Source: City of San Luis Obispo Community Development Department, 2016
1No credit allowed for the number of above moderate units built that exceed RHNA. Actual above moderate units =
1,350.
3. Circulation Element
The Circulation Element (CE) states the City’s goals and objectives to increase multi-modal
transportation within the City. The CE includes the following Transportation Goals (Section
1.6.1.):
Maintain accessibility and protect the environment throughout San Luis Obispo while
reducing dependence on single-occupant use of motor vehicles, with the goal of
achieving State and Federal health standards for air quality.
Reduce people's use of their cars by supporting and promoting alternatives such as
walking, riding buses and bicycles, and using car pools.
One of the Transportation Objectives states, Encourage better transportation habits… Increase
the use of alternative forms of transportation and depend less on the single-occupant use of
vehicles (Section 1.7.1). The use of public transit, walking and biking are specifically supported
by numerous policies in Chapters 3 through 6 of the CE. Further details on the project’s
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consistency with Transportation policies and the provision of multi-modal transportation is
discussed in the Parking section under Staff Recommendation below.
4. Major City Goal
Housing was determined to be one of the most important, highest priority goals for the City to
accomplish over 2015-17 financial year. The goal states: Implement the Housing Element,
facilitating workforce, affordable, supportive and transitional housing options, including support
for needed infrastructure within the City’s fair share.
5. State Housing Density Bonus Law
California State law encourages the development of affordable housing and provides density
bonuses based on the inclusion of affordable units within a project. In addition to a density
bonus, by providing a certain percentage of affordable units within a project (as outlined in
Section 17.90.060 of the Zoning Regulations), a developer may receive alternative incentives or
concessions for the project. For this project, the developer is setting aside four units for very-low
income (11%) which equals a mandated 35% density bonus in accordance with State law and the
City’s Zoning Code.
Under the State Density Bonus law (Gov. Code section 65915), a public agency is required to
grant the incentive or concession unless it makes a written finding, based on substantial
evidence, that the concession or incentive would have a specific adverse impact upon public
health and safety and there is no feasible method to satisfactorily mitigate or avoid the s pecific
adverse impact without rendering the development unaffordable. “Specific adverse impact”
within this statute means a “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.”2 In addition, the State Density Bonus
law requires a City to waive or modify development and zoning standards that would physically
preclude the utilization of the density bonus, incentives, and concessions that the applicant is
entitled to on a particular site and may only be denied if the findings above are met (Gov Code
section 65915(e)).
In other words, State law requires a public agency to relax its development standards to allow for
the physical construction of the additional “density units” unless the relaxation of such standards
will result in specific adverse impacts within the meaning defined above.
6. Housing Accountability Act
The Housing Accountability Act applies to “housing development projects” which includes
mixed-use developments consisting of residential and non-residential uses in which non-
residential uses are limited to neighborhood commercial uses and to the first floor of the
building. The project is a housing development project under the Act. Section 65589.5(d)(2) of
the Act states that:
2 Gov. Code section 65589.5(d)(2).
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(d) A local agency shall not disapprove a housing development project…for very low, low-, or
moderate-income households…or condition approval in a manner that renders the project
infeasible for development for the use of very low, low-, or moderate-income
households…including through the use of design review standards, unless it makes written
findings, based upon substantial evidence in the record, as to one of the following:
(2) The development project…as proposed would have a specific, adverse impact upon the
public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development unaffordable to low- and
moderate-income household…a “specific, adverse impact” means a 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. Inconsistency with the zoning ordinance or general plan land use designation shall
not constitute a specific, adverse impact upon the public health or safety.
Planning Commission Action
At the August 24, 2016 meeting, the PC evaluated the proposed mixed-use project and voted 4:1
Commr. Dandekar absent) to deny the use permit (Attachment C, PC Resolution; Attachment H,
PC Meeting Minutes).
Public Testimony
The public provided comments on the project during the PC hearing as well as through written
correspondence. A series of repeated themes/concerns were shared by several different
individuals. Concerns included: that the project, as proposed, was out of scale and character with
the neighborhood and overall too tall; the project interfered with the privacy of the next door
neighbors; the site had too many units; the project had too few parking spaces and that the
project should have 100 parking spaces to accommodate the “real” number of people living on
the site; residents of the project would park on the neighborhood streets that are already
impacted; that the project would drive down adjacent property values; and would increase the
traffic and congestion at the intersection of Chorro and Foothill. Others shared support for the
project stating that it provided much needed housing, made the best use of the corner lot,
provided a buffer between Foothill and the residential neighborhood and promoted multi -modal
transportation.
Planning Commission Findings
Following significant public testimony and deliberation, the PC denied the use permit based on
the following findings:
1. That the project will be detrimental to the health, safety, or welfare of those working or
residing in the vicinity because the proposed parking reduction is excessive and the
height is inconsistent with the General Plan.
2. That the request for reduced parking is inconsistent with San Luis Obispo Municipal
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Code section 17.16.060 in that the requested parking reduction is excessive for the
proposed use and that the times of the proposed mixed-use parking demand from the
various uses will coincide in such a way that it will have detrimental impacts on the
surrounding area.
3. That the proposed project height is inconsistent with Conservation and Open Space
Element Policy 9.2.1 because the project will block views from Foothill Boulevard which
is designated as having moderate scenic value.
4. That the proposed project height is inconsistent with the Land Use Element Policy
2.3.9.E Compatible Development: Architecture; the project’s height and scale does not
provide a smooth transition between the existing and proposed development.
5. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5.3.A.1 and 5.3.C: the project’s height and scale does not provide a smooth
transition between the immediate neighborhood.
6. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
Applicant Appeal
On August 31, 2016, the applicant, San Luis Development Group, LLC, filed an appeal of the
PC’s decision to deny the project. The appeal form and supplemental letter express concerns that
the Planning Commission’s decision for denial was not justified because it is inconsistent with
and/or violates local, Federal and/or State laws and policies (Attachment F, PC Appeal and
Supplemental Letter). The letter from the applicant highlights that the proposed project is
consistent with the City’s General Plan, in particular LUE Section 8.2.1 which describes
development within the Foothill Boulevard/Santa Rosa Special Planning Area, the Major City
Goal regarding housing, Zoning Regulations regarding parking reductions (Section 17.16.060),
and the California Density Bonus Law and Housing Accountability Act.
STAFF RECOMMENDATION
Staff carefully evaluated the Planning Commission’s decision and the applicant’s appeal in the
context of City Council General Plan goals and policies, the City’s Zoning Code, the State
Density Bonus law and Housing Accountability Act. Based on these combination of factors, staff
is recommending the City Council uphold the appeal and approve the project. It should be noted
that the project will require architectural review and modifications to the project design may be
considered by the ARC to the extent that they do not reduce height/density to the point th at
would render the project infeasible.
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1. Height
The applicant is requesting a height exception as a Density Bonus incentive for including four
studios for very-low income households within the project (11% of the project is affordable).
According to Zoning Regulations Chapter 17.90: Affordable Housing Incentives, the developer
may request an incentive or concession, such as a height increase, when providing at least 10%
of the units for very-low income households.3
Staff’s rationale for recommending approval of the height exception is several fold:
1. State Density Bonus law allows a developer to request a concession such as a height
exception and a public agency must grant that exception unless it can make certain
findings.
2. State Density Bonus law further requires a public agency to relax development standards
to allow for the physical construction of the “density units.” In this case, the project
includes 7 density bonus units, 5 of which are on the top floor. Stated differently, the
additional maximum height allowance to accommodate the top floor is needed to build
the density units.
3. The request for additional height is consistent with the Land Use policy discussion on
building height adjustments for the Foothill Boulevard/Santa Rosa Special Planning
Area. In regards to staff’s analysis on this issue, it should first be noted that the 35-foot
height restriction is based on current zoning from the prior General Plan. The policy
language in the updated LUE suggests that higher height limits are desired for this area
when development is in conjunction with mixed use developments.4 This policy states
that building height adjustments are appropriate on both sides of Foothill, although the
language itself overlaps (“…in this area…” and “…on the North side of Foothill…”).5
Based on this combination of factors, staff is recommending the Council approve the height
exception.
3 Zoning Regulations Section 17.90.060.A(2): Alternative or additional incentives. When a developer agrees to
construct housing for households of very-low, lower or moderate income households… and desires an incentive
other than a density bonus as provided in Section 17.90.040 of this chapter… the developer shall receive the
following number of incentives or concessions: (2) Two in centives or concessions for housing developments that
include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very -
low income households, or at least twenty (20) percent for persons and families of moderate income in a common
interest development.
4 Once the zoning code update comes forward later on this year, the City Council will tackle the issue of
implementing this policy.
5 The Planning Commission had considerable debate on the applicability of this policy within the LUE, especially
with regard to building height incentives and whether such incentives were appropriate for the entirety of this
planning area or just the area on the north side of Foothill.
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2. Neighborhood Compatibility
The project site is located in a neighborhood with an eclectic collection of architecture, building
heights and site design. The neighborhood includes two large shopping centers, commercial
structures separated from the street by parking, gas stations, single family residential units and
multi-family structures. The Foothill Boulevard/Santa Rosa Special Planning Area describes
redevelopment should include mixed-use development and encourages pedestrian and bike
access. Set at the back of sidewalk, the proposed building fosters a pedestrian environment along
the project and Foothill. The project is designed to provide a transition between a commercial
area and the R-1 residential area by setting the tallest portion of the structure along Foothill
Boulevard and provides residential uses adjacent to existing residential uses.6. The proposed
project further supports the transition between the R-1 and C-C zone by incorporating various
design elements consistent with LUE 2.3.97 which requires compatible development for new
housing built within existing neighborhoods. The project provides: an inviting façade towards
the street; preserves privacy between the R-1 properties and the subject site by providing
landscaping (Attachment E, Project Plans, Sheet L-1) and excluding balconies along the south
and east elevations (Attachment E, Project Plans, Sheets A2.1-A2.3 and A3.2-A3.3); preserves
solar access for adjacent the R-1 properties (Attachment E, Project Plans, Sheet A5.0); provides
street trees and parking is designed to minimize its visual impact from the public street.
6 Land Use Policy 2.3.5. Neighborhood Pattern: The City shall require that all new residential development be
integrated with existing neighborhoods. Where physical features make this impossible, the new development should
create new neighborhoods.
7 Land Use Policy 2.3.9. Compatible Development: The City shall require that new housing built within an existing
neighborhood be sited and designed to be compatible with the character of the neighborhood.
Figure 1: Rendering of the project as viewed from the commercial property across Chorro Street looking towards
University Square shopping center.
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3. Views
Concern was expressed that the
project would have an impact on
viewsheds, in particular the
views of Cerro San Luis.
Foothill Boulevard is identified
within the Conservation and
Open Space Element (COSE) as
a street with moderate scenic
value. Policy 9.2.1. states in part
that development projects shall
not wall off scenic roadways and
block views.8 Figure 2 is a
portion of the Scenic Roadways
and Vistas map of the COSE and
Cerro San Luis is not identified
with a “cone of view” from
Foothill Boulevard. It is
important to note that COSE provides policy for the protection of views from public areas such
as streets, parks, etc. The project will interrupt a small portion of the view of Cerro San Luis
from Foothill Boulevard going westbound. For clarification in response to public comment
regarding private views, the project would not impact the existing residential views toward Cerro
San Luis and views from the residential properties towards Foothill Boulevard would change
because the project site is currently vacant. However, to be clear the City’s policies address
views from public spaces and the City does not create or regulate any private viewshed rights.
Echoing staff’s reasoning in the height discussion above, various General Plan policies and State
law incentivize and otherwise encourage housing development projects to “go up.” Further, the
Foothill Boulevard/Santa Rosa Special Planning Area emphasizes that, at least within this
particular segment of Foothill, that height adjustments on top of the 35-foot maximum height
already established for this zone should be considered. In addition, one significant concern is the
extent to which the City’s viewsheds policy identified above constitutes an “objective” standard
for purposes of the Density Bonus law and Housing Accountability Act. As a result of these
factors, staff recommends that the Council approve the height exception.
8 Conservation and Open Space Element 9.2.1: Views to and from public places, including scenic roadways. The
City will preserve and improve views of important scenic resources from public places, and encourage other
agencies with jurisdiction to do so. Public places include parks, plazas, the grounds of civic buildings, streets and
roads, and publicly accessible open space. In particular, the route segments shown in Figure 11 are designated as
scenic roadways. (A) Development projects shall not wall off scenic roadways and block views.
Figure 2: Excerpt of Figure 11 of the COSE. The star marks the
approximate location of the project site; v) represents "cone of view"
Cerro San
Luis
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4. Parking
The project requires 55 spaces (50 spaces for 27 residential units and 5 spaces for 1,600 square
feet of commercial space). The residential parking calculation is based on Government Code
Section 65915(p)(B) which states that a city cannot require a vehicular parking ratio that exceeds
one on-site parking space for a studio or one bedroom and no more than two onsite parking
spaces for two to three bedroom units. The applicant is requesting a 40% parking reduction to
have a total of 33 required spaces. This request is based on a combination of two separate
provisions in the Zoning Code which allow for the reduction in the on-site parking requirements:
(1) Mixed Use Parking Reductions; and (2) Bicycle Space Reduction.
Mixed Use Parking Reductions (Up to 30%)
SLOMC 17.16.060.C states that where two or more uses share common parking areas, the total
number of parking spaces required may be reduced by up to 10%, with approval of an
administrative use permit. Section 17.16.060.C further states that by approving an administrative
use permit, the Director may reduce the parking requirement for projects sharing parking by up
to 20%, in addition to the shared parking reduction, for a total maximum parking reduction of
30%, upon finding that the times of maximum parking demand from various uses will not
coincide.
Bicycle Space Parking Reductions (Up to 10%)
The project also includes 30 additional bicycle parking spaces to allow for an additional 10%
parking reduction. Section 17.16.060.G(2) states that projects which provide more bicycle and/or
motorcycle spaces than required may reduce the required car spaces at the rate of one car space
for each five bicycle spaces, up to a 10% reduction, subject to the approval of the Community
Development Director. All bicycle parking that exceeds the required number of spaces shall be
apportioned between short-term and long-term bicycle spaces as stipulated by Table 6.5. The
project is required to provide 63 bicycle spaces (58 long term and 5 short term). The applicant is
providing 30 bicycle parking spaces for the 10% reduction plus an additional 20 more above and
beyond all the requirements for a grand total of 113 spaces (80 long term and 30 short term).
This is not an unreasonable inclusion of bicycle parking spaces as the project is anticipated to
have an expected occupancy of 100 residents. The design of the project includes a bike lounge, a
bike repair area (“bike shop”) and indoor bike storage to incentivize bicycle use by tenants
(Attachment F, Project Plans, A2.0).
Table 2: Parking calculations proposed and required by code
Parking Spaces Proposed1 Standard2
Vehicle 33 55
Bicycle (long-term) 80 58
Bicycle (short-term) 33 5
Notes:
1. Applicant’s project plans submitted 5/20/2016
2. Zoning Regulations
Parking was a highly discussed component of the project during Planning Commission review.
Discussion included whether there was sufficient off-set between the shared parking for the
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commercial space and the residential units to justify the 30% parking reduction. The City’s
parking requirements are conservatively based on nationwide parking studies (Institute of Traffic
Engineers parking generation manual) which reflects reductions for combinations of uses and
multi-modal access to those facilities such as those found in neighborhood commercial areas.
The commercial space is expected to have sufficient spaces as it is expected be used at alternate
hours during the day when residents are away at work and/or school. All together the project
provides 33 vehicle spaces, 3 motorcycle spaces, 33 short-term bicycle spaces and 80 long-term
bicycle spaces (a total of 149 spaces). These spaces are available to residents, vis itors and
customers of the site.
The reduction in parking spaces is consistent with the Transportation Goal discussed in the
Circulation Element to reduce people's use of their cars by supporting and promoting
alternatives such as walking, riding buses and bicycles, and using car pools.9 Reductions in
parking and a heavy emphasis on bicycle mobility serve this goal and further the objectives of
this policy. In addition to putting an emphasis on bicycle mobility, the project is uniquely
situated and is located in proximity to grocery stores, restaurants, entertainment, schools,
employment and two bus stops, and is easily accessible by walking or public transportation. One
bus stop is located right in front of the project and another is directly across the street, allowing
service to and from the site. This arrangement encourages better transportation habits and
increases the use of alternative forms of transportation and less dependence on the single -
occupant use of vehicles (Section 1.7.1).10 The project includes improvements to the existing bus
stop with a bus turn out and the construction of a bus stop shelter as a part of the building design
(Attachment F, Project Plans, Sheets A2.0 & A3.0). The project location provides residents as
well as customer’s various opportunities to access the site and nearby destinations without a
vehicle.
The applicant is also requesting to incorporate mechanical parking lifts as part of the project. The
project is proposing to use a Klaus TrendVario 4100 lift system which pl aces vehicles
subterranean with other vehicles parked above, at grade (Attachment F, Project Plans, Sheet 5.1).
As proposed, the system parks 27 vehicles, one for each of the residential units. The dimensions
of the system allow for a large variety of car models as listed within the Project Plans, Sheet 5.1
(Attachment F). Those vehicles that do not fit into the lift system, have the ability to park in the
regular parking stalls provided in the parking garage. The project complies with the findings of
approval with added Conditions of Approval No. 4 and 5; (4) The mechanical parking lift shall
be reviewed by the Architectural Review Commission for compliance with Community Design
Guidelines for compatibility with the building and site design and (5) Prior to building plan
approval, the applicant shall record an agreement that runs with the land that mechanical
parking systems will be safely operated and maintained in continual operation with the exception
of limited periods of maintenance (Attachment A, Draft Resolution A).
CONCURRENCES
The project has been reviewed by Police, Building, Fire, Public Works, and Utilities staff. Their
conditions have been incorporated into the resolution and these departments support the project
9 Circulation Element Transportation Goals, Section 1.6.1.
10 Circulation Element Transportation Objectives, Section 1.7.1
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if incorporated conditions of approval are adopted.
ENVIRONMENTAL REVIEW
The project is both statutorily exempt under Section 15195 and categorically exempt under Class
32, In-Fill Development Projects, Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation, within one-half a mile of a
transit stop and is consistent with the applicable zoning designation and regulations. It should be
noted that modifications to zoning regulations as required by State Density Bonus law noted
above, do not disqualify a project from claiming this exemption. See Wollmer v. City of
Berkeley, 193 Cal. App. 4th 1329, 1338 (2011). 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 as the site is located on an existing developed property
and is served by required utilities and public services.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact. There is no fiscal
impact associated with the approval of this project.
ALTERNATIVES
1. Deny the appeal, thereby denying the project. The Council can deny the project by upholding
the PC’s decision and denying the appeal, based on findings of inconsistency with the
General Plan, Zoning Regulations, and applicable City regulations.
2. Uphold the Appeal and provide direction to the ARC. The Council may uphold the appeal
and approve the use permit, but provide additional direction to the ARC regarding issues it
should consider during its review of the project’ s design.
Attachments:
a - Draft Resolution A
b - Draft Resolution B
c - PC Resolution (denial) - August 24 2016
d - Vicinity Map
e - Project plans
f - Planning Commission Appeal and Supplemental Letter
g - PC Staff Report - August 24 2016
h - PC Meeting Minutes - August 24 2016
20
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RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING A USE PERMIT FOR A MIXED-USE
PROJECT IN THE FOOTHILL BOULEVARD SPECIAL PLANNING
AREA, A 40 PERCENT PARKING REDUCTION AND THE USE OF
MECHANICAL PARKING LIFTS AND A RECOMMENDATION OF
APPROVAL OF A HEIGHT EXCEPTION AS AN AFFORDABLE
HOUSING INCENTIVE AS REPRESENTED IN THE CITY COUNCIL
AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 18, 2016
(22 CHORRO, USE-2882-2016)
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
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, San Luis Obispo Development Group, LLC, the applicant, filed an appeal of
the Planning Commission’s action on August 31, 2016; 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 duly considered all evidence, including the testimony
of the applicant, interested parties, and 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. Findings. Based upon all the evidence, the City Council makes the following
findings to deny the project:
1. That the project will be detrimental to and will have specific adverse impacts on the health,
safety, or welfare of those working or residing in the vicinity because the project is
inconsistent with the City’s General Plan, Design Guidelines and Zoning Code, specifically
with respect to parking, height, setback and compatible development, and there are no
feasible methods of satisfactorily mitigating or avoiding these adverse impacts other than
disapproval of the project.
2. That per San Luis Obispo Municipal Code (“SLOMC”) section 17.16.060 the project
requires 55 spaces on-site parking spaces. The project proposes 33 parking spaces and has
requested a 40% parking reduction which is the maximum combined reduction allowed per
SLOMC 17.16.060 (C) (mixed-use parking reduction) & (G)2 (bicycle space parking
reduction). The Council finds that the adjacent neighborhood is currently impacted by
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Packet Pg. 257 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 2
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insufficient on-street parking and that additional “spill-over” on street demand from any
project within this part of the community will exacerbate those adverse impacts. The
Council finds that the justification for the 30% parking reduction based on the mixed use
development wholly inappropriate in that the times of the proposed mixed-use parking
demand from the two uses will coincide in such a way that it will have detrimental impacts
on the surrounding area. In other words, the proposed “mix” of uses and the parking
demands from each of those uses is not commensurate with the requested reduction and
that, as a consequence, the project will be deficiently parked and vehicles will further
impact the surrounding neighborhood.
3. That the proposed setback of zero feet along Chorro Street is inconsistent with Land Use
Element Policy 2.3.9.A and the setback requirements of SLOMC 17.16.020.C. For this
zone, the setback requirement for a street yard setback equals “As provided in zone of
adjacent lot” which, in this case, equals 20 feet due to the R-1 zoning immediately adjacent
to the proposed project. The Council finds that the setback requirements as set forth in
SLOMC 17.16.020.C establish objective standards to protect the health, safety and welfare
of the community and that, as proposed, the proposed project is incompatible with the
adjacent neighborhood and fails to provide a smooth transition between the two uses in this
regard and adversely impacts the immediately adjacent neighbors by disrupting the
neighborhood setback pattern.
4. That the proposed height of 43 feet is inconsistent with Conservation and Open Space
Element Policy 9.2.1 and Circulation Element Policy 15.1.2 because the project will block
views of Cerro San Luis mountain from Foothill Boulevard which is designated as having
moderate scenic value.
5. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.E
Compatible Development: Architecture; the project’s height and scale does not provide a
smooth transition between the existing and proposed development because the existing
development immediately surrounding the project is predominantly one story and the
proposed development would create an abrupt height differential thus creating a substantial
disconnect between the structures within the neighborhood and overwhelm neighboring
properties.
6. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5.3.A.1 and 5.3.C: the project’s height and scale does not provide a smooth
transition between the immediate neighborhood because the existing development
immediately surrounding the project is predominantly one story and the proposed
development would create an abrupt discrepancy in height and massing and overwhelm the
neighboring properties.
7. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
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Packet Pg. 258 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 3
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Section 2. Environmental Review. The project is statutorily exempt pursuant to CEQA
Guidelines section 15270 (Projects which are disapproved).
Section 3. Action. Based on the above findings and evidence submitted in support thereof,
the City Council does hereby deny use permit application USE-2882-2016.
On motion of _____________________, seconded by ______________________ and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ____ day of ________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
_________________________________
Carrie Gallagher
City Clerk
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Packet Pg. 259 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
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RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A USE PERMIT FOR A MIXED-
USE PROJECT IN THE FOOTHILL BOULEVARD SPECIAL PLANNING
AREA, A 40 PERCENT PARKING REDUCTION AND THE USE OF
MECHANICAL PARKING LIFTS INCLUDING A CATEGORICAL
EXEMPTION FROM CEQA AND A RECOMMENDATION OF
APPROVAL OF A HEIGHT EXCEPTION AS AN AFFORDABLE
HOUSING INCENTIVE AS REPRESENTED IN THE CITY COUNCIL
AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 18, 2016
(22 CHORRO, USE-2882-2016)
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
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, San Luis Obispo Development Group, LLC, the applicant, filed an appeal of
the Planning Commission’s action on August 31, 2016; 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 duly considered all evidence, including the testimony
of the applicant, interested parties, and 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. Findings. Based upon all the evidence, the City Council makes the following
findings in support of the project approval that includes a use permit for a mixed-use project in the
Foothill Boulevard special focus area, a 40 percent parking reduction and the use of mechanical
parking lifts and recommends approval of a height exception as an affordable housing incentive of
the proposed project:
1. That the project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity because the proposed project is consistent with the Foothill
Boulevard/Santa Rosa Special Focus Area of the Land Use Element and Zoning
Regulations.
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Packet Pg. 260 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 2
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Findings for Affordable Housing Incentives:
2. That the project is consistent with Housing Element, Goal 2 because the project includes
units for very-low income households which helps meet the City’s affordable housing
objectives.
3. That with 11 percent of the units restricted for very-low income households, the applicant
is entitled up to a 35 percent maximum density bonus under State law and the City’s
Municipal Code, Chapter 17.90. Therefore, the proposed density bonus for the project of
35 percent is consistent with established criteria for density bonuses.
4. That the proposed height of 43 feet to accommodate the development of the proposed
project is appropriate as an incentive consistent with the Zoning Regulations Section
17.90.060.B(1) that a reduction in site development standards or modification of zoning
code requirements or architectural design requirements that exceeds the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code.
Findings for 40 Percent Parking Reduction:
5. That the proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A, Parking Space Requirements, in that it satisfies the intent of that section
which is “... to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities.” Moreover, the project
satisfies the requirement for a shared parking reduction specified in San Luis Obispo
Municipal Code Section 17.16.060.B because there are multiple uses that share common
parking areas. In addition, in accordance with the provisions of Section 17.16.060.C, the
times of maximum parking demand from the proposed uses will not coincide.
6. That the proposed project is consistent with the San Luis Obispo Municipal Code Section
17.16.060.G and provides 30 additional bicycle parking spaces (above the bicycle parking
required for the project) for a 10 percent parking reduction at the rate of one car space for
each five bicycle spaces provided.
7. That the proposed parking reduction will safe, and will not be detrimental to the
surrounding area or cause a decline in quality of life because project is located close
proximity to grocery stores, restaurants, entertainment, schools, employment and two bus
stops allowing for alternative modes of transportation such as walking, biking or taking
public transportation.
Findings for Mechanical Parking Lifts:
8. That the use of mechanical lift parking results in superior design and implementation of
City goals and policies for infill development by placing parking within the structure and
screening it from public view.
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Packet Pg. 261 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 3
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9. That the mechanical lift parking is adequately screened and, as conditioned, shall be
reviewed by the Architectural Review Commission for compliance with Community
Design Guidelines for compatibility with the building and site design.
10. That the mechanical lift parking systems complies with all development standards
including but not limited to height and setback requirements, and Parking and Driveway
Standards with the exception of minimum parking stall sizes which are established by lift
specifications.
11. That, as conditioned, the mechanical parking systems will be safely operated and
maintained in continual operation with the exception of limited periods of maintenance.
12. That there are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or working
on the site or in the vicinity.
Section 2. Environmental Review. The project is both statutorily exempt under Section
15195 and categorically exempt under Class 32, In-Fill Development Projects, Section 15332 of
the CEQA Guidelines, because the project is consistent with General Plan policies for the land use
designation, within one-half a mile of a transit stop 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 as the site is located on an existing developed property and is served by required
utilities and public services.
Section 3. Action. The City Council does hereby uphold the appeal of the Planning
Commission’s action to deny the proposed project hereby granting final approval of the application
USE-2882-2016 for a mixed-use project in the Foothill Boulevard special focus area, a 40 percent
parking reduction and the use of mechanical parking lifts and recommends approval of a height
exception as an affordable housing incentive at 22 Chorro Street subject to the following
conditions:
Planning
1. 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 City shall fully
cooperate in the defense against an Indemnified Claim.
2. The proposed use shall operate consistent with the project description, approved plans, and
other supporting documentation submitted with this application unless otherwise
conditioned herein.
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Packet Pg. 262 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
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3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines and the Mixed Use
project design standards (Zoning Regulations section 17.08.072). Specific attention shall
be given to the compatibility between the adjacent commercial uses and the residential
uses. The Architectural Review Commission shall be responsible for taking action on
additional project conditions and code requirements as applicable.
4. The mechanical parking lift shall be reviewed by the Architectural Review Commission
for compliance with Community Design Guidelines for compatibility with the building and
site design.
5. Prior to building plan approval, the applicant shall record an agreement in a form subject
to the approval of the City Attorney that runs with the land that mechanical parking systems
will be safely operated and maintained in continual operation with the exception of limited
periods of maintenance.
6. All regular (non-mechanical lift) parking spaces shall be available for residential tenants,
employees and customers free from restrictions. No regular parking spaces shall be
individually labeled or allocated.
7. All mechanical lift parking spaces shall be available for all residential tenants.
8. The project shall include 33 parking spaces, 3 motorcycle spaces and 93 required bicycle
parking spaces (70 long-term and 23 short-term).
9. 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 to ensure the site does not
become under-parked.
10. The project shall have a maximum height of 43 feet. The tallest part of the project shall be
located along Foothill Boulevard as shown on the submitted project plans. Any alterations
increasing the proposed height or the location of the height on the site will require a
modification to the use permit.
11. Plans submitted for building permit review shall show the location of all 93 required
bicycle parking spaces (70 long-term and 23 short-term) and include product sheets of the
proposed bike racks to be used. All bicycle parking spaces included as part of the project
shall comply with City’s Municipal Code Section 17.16.060, Table 6.5 and the Community
Design Guidelines Section 6.3.F.
Transportation
12. Consistent with the City’s Bicycle Transportation Plan, the project shall install a bike box
on Chorro Street, south of Foothill Boulevard. Building plans shall include the layout and
design of the bike box and right turn lane according to design guidance within the NACTO
Urban Bikeway Design Guidelines and design shall be reviewed and approved by City
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Packet Pg. 263 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
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Transportation & Engineering Division prior to installation. The installation may require
modifications to the existing pedestrian refuge island.
13. In regards to the bus turnout and facilities, project plans submitted for the building permit
shall be consistent with the plans submitted for the use permit.
14. The applicant shall record a public access easement along the Foothill Boulevard frontage
of the project which also allows the City to place and maintain bus facilities such as
benches, signs, maps, etc.
On motion of _____________________, seconded by ______________________ and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ____ day of ________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
_________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
_________________________________
Carrie Gallagher
City Clerk
20.b
Packet Pg. 264 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
RESOLUTION NO. PC -1009-16
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
DENYING A USE PERMIT FOR A MIXED-USE PROJECT IN THE
FOOTHILL BOULEVARD SPECIAL FOCUS AREA AS REPRESENTED
IN THE PLANNING COMMISSION AGENDA REPORT AND
ATTACHMENTS DATED AUGUST 24, 2016 (22 CHORRO, USE -2882-2016)
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
August 24, 2016 for the purpose of considering a use permit application USE -2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; 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 the 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. Firidiiigs. Based upon all the evidence, the Commission makes the following
findings to deny the proposed project:
1. That the project will be detrimental to the health, safety, or welfare of those working or
residing in the vicinity because the proposed parking reduction is excessive and the height
is inconsistent with the General Plan.
2. That the request for reduced parking is inconsistent with San Luis Obispo Municipal Code
section 17. 16.060 in that the requested parking reduction is excessive for the proposed use
and that the times of the proposed mixed-use parking demand from the various uses will
coincide in such a way that it will have detrimental impacts on the surrounding area.
3. That the proposed project height is inconsistent with Conservation and Open Space
Element Policy 9.2.1 because the project will block views from Foothill Boulevard which
is designated as having moderate scenic value.
4. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.E
Compatible Development: Architecture; the project's height and scale does not provide a
smooth transition between the existing and proposed development.
5. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5. 3.A.1 and 5. 3.C: the project's height and scale does not provide a smooth
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Packet Pg. 265 Attachment: c - PC Resolution (denial) - August 24 2016 (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Planning Commission Resolution No. PC -1009-16
USE -2882-2016 (22 Chorro Street)
Page 2
transition between the immediate neighborhood.
6. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
SECTION 2. Environmental Review. The project is statutorily exempt pursuant to CEQA
Guidelines section 15270 (Projects which are disapproved).
SECTION 3. Action. Based on the above findings and evidence submitted in support
thereof, the Planning Commission does hereby deny use permit application USE -2882-2016.
On motion by Commissioner Larson, seconded by Commissioner Fowler and on the following
roll call vote:
AYES: Commissioners Larson, Malak, Vice -Chair Fowler and Chair Stevenson
NOES: Commissioner Knight
REFRAIN: None
ABSENT: Commissioner Dandekar
The foregoing resolution was passed and adopted this 24`h day of August, 2016.
C7
Doug David n, Secretary
Planning Commission
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Packet Pg. 266 Attachment: c - PC Resolution (denial) - August 24 2016 (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
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VICINITY MAP USE-2882-201622 Chorro Street ¯
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1.5%252.6FS1.5%Ashley&VanceG,C1413 Monterey StreetSan Luis Obispo, CA 93401 (805) 545-0010 (323) 744-0010www.ashleyvance.comC I V I L S T R U C T U R A LSITE CONSTRUCTION NOTES:DRIVEWAY APPROACH AND RAMP PER SAN LUIS OBISPO CITY STANDARD 2110.EXISTING WALL TO REMAINTRASH ENCLOSURE PER SAN LUIS OBISPO CITY STANDARD 9110.VEGETATED SWALE FLOWLINE. ROOF DRAINS AND DOWNSPOUTS TO BE DIRECTED TOWARD SWALE.SAN LUIS OBISPO CITY STANDARD SIDEWALK PER DETAIL 4110, 4120 AND 4910.STRUCTURAL COLUMNSBUILDING WALLSAWCUT AND REPLACE 24" MIN PAVEMENT SECTION, MATCH EXITING STRUCTURAL PAVEMENT SECTION.SEE SAN LUIS OBISPO STANDARD DETAIL 7110 FOR REFERENCE.SIDEWALK UNDERDRAIN PER SAN LUIS OBISPO STANDARD DETAIL 3415.CURB AND GUTTER PER SAN LUIS OBISPO STANDARD DETAIL 4030INSTALL 12" CATCH BASIN WITH ATRIUM GRATE.6" PVC STORM DRAINCURB RAMP PER SAN LUIS OBISPO STANDARD DETAIL 4440 AND APPENDIX A.BUS TURN IN PER SAN LUIS OBISPO STANDARD DETAIL 4920.BUS STOP PER SAN LUIS OBISPO STANDARD DETAIL 4930.RESET LID TO GRADERELOCATE VAULT AND RESET TO GRADERELOCATE UTILITY BOX AND RESET LID TO GRADEEXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED SITE RETAINING WALL4' PAINTED BIKE LINERE-STRIPE CROSS WALKUNDERGROUND RETENTION CHAMBERSPROPOSED PUBLIC ACCESS EASEMENT010 10 20HORIZONTAL SCALE: FEETNCHORRO STREETFOOTHILL BLVD1236TYP22DRAINAGE NOTE: MAJORITY OF HARDSCAPE IS COVERED BY MULTISTORY BUILDING. STORMRUNOFF WILL BE ROUTED TO THE UNDERGROUND RETENTION CHAMBERS THROUGH ASERIES OF 2ND AND 3RD STORY ROOF DRAIN SYSTEMS OUTLETTING TO VEGETADEDSWALES AND STORM DRAINS. SEE ARCHITECTURAL PLAN FOR 2ND AND 3RD STORYLAYOUT.SITE STATISTICS:21,874 SF AREAEARTHWORK:2,000 CY CUT50 CY FILL11' MAX CUT2' MAX FILLLID STORMWATER REQUIREMENTS, TIER 2PROJECT UTILIZES:xUNDERGROUND RETENTIONxDISCONNECTED DOWNSPOUTSxVEGETATED SWALES455557TYP7TYP411888888910101010101010101414151313161616161617161818191919192020202121222323PROPOSED PUBLICACCESS EASEMENT2412STANDARD ABBREVIATIONS:BSW BACK OF SIDEWALKFF FINISHED FLOOR ELEVATIONFG FINISHED GRADEFL FLOWLINEFS FINISHED SURFACETC TOP OF CURBTG TOP OF GRATETP TOP OF PAVEMENTTW TOP OF WALLTYP TYPICAL202020PROPOSED PUBLICACCESS EASEMENT252525PROPOSED PUBLICACCESS EASEMENTPROPOSED PUBLICACCESS EASEMENT20.e
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E E EEEEEEEEEEEEEEEEEEEEE EESSSSSSSSDSDSDSD SDSDSDSDWAshley&VanceG,C1413 Monterey StreetSan Luis Obispo, CA 93401 (805) 545-0010 (323) 744-0010www.ashleyvance.comC I V I L S T R U C T U R A L010 10 20HORIZONTAL SCALE: FEETNSITE UTILITY NOTES:MECHANICAL ROOM4" FIRE WATER. CONNECT TO BUILDING PER CITY OF SAN LUIS OBISPO STANDARD DETAIL 6590.6" SDR 35 PVC SEWER LATER PER CITY OF SAN LUIS OBISPO STANDARD DETAIL 6810.SEWER CLEANOUT PER CITY OF SAN LUIS OBISPO STANDARD DETAIL 6710.INSTALL NEW 1.5" COMMERCIAL WATER METER IN PREVIOUSLY ABANDONED WATER METER BOXINSTALL NEW 2" DOMESTIC WATER METER AND 3/4" IRRIGATION METER PER CITY OF SAN LUISOBISPO STANDARD DETAIL 6210, 6220, AND 6260.2" DOMESTIC WATER SERVICEEXISTING FIRE HYDRANT6" SDR 35 PVC STORM DRAIN.STORM TECH SC-740 UNDERGROUND STORAGE CHAMBERSEXISTING MANHOLE, CLEANOUT AND SEWER LOCATED IN THIS AREA NOT SHOWN IN TOPO.SEWER TO BE ABANDONED, CONTRACTOR SHALL SEVER AND PLUG TIE-IN LOCATION ATDOWNSTREAM MANHOLE.122346588247.6 TG244.6 INV94710STANDARD ABBREVIATIONS:INV INVERTTG TOP OF GRATEGENERAL NOTES:ALL EXISTING UTILITIES SHOWN ARE BASED ON THE BEST KNOWLEDGE AVAILABLE. ANYEXISTING SEWER LATERALS TO SITE ENCOUNTERED DURING CONSTRUCTION SHALL BEABANDONED. CONTRACTOR TO POTHOLE ALL POINTS OF CONNECTION AND VERIFY ALLCLEARANCES. MATERIAL DEPTH AND LOCATION SHALL BE IDENTIFIED BY CONTRACTOR. IFTHERE ARE ANY DIFFERENCES FROM PLAN WITH ANY OF THESE ITEMS, ENGINEER OF WORKSHALL BE NOTIFIED IMMEDIATELY.1120.e
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Meeting Date: August 24, 2016
Item Number: 1 2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a new four-story mixed-use project including ground floor commercial/retail
space and 27 residential units. The project includes a 35% density bonus, with 11% of the units for very
low income households, a request for a 40% parking reduction with mechanical parking lifts, and the
construction of a 43-foot tall structure where 35 feet is normally allowed.
PROJECT ADDRESS: 22 Chorro Street BY: Rachel Cohen, Associate Planner
Phone Number: (805) 781-7574
e-mail: rcohen@slocity.org
FILE NUMBER: USE-2882-2016 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) that approves a use permit for a
mixed-use project in the Foothill Boulevard special focus area, a 40% parking reduction and the use of
mechanical parking lifts and recommends approval of a height exception as an affordable housing
incentive, subject to findings and conditions of approval.
SITE DATA
Applicant San Luis Development Group, LLC
Representative Thom Jess, Architect
Submittal Date March 10, 2016
Complete Date June 20, 2016
Zoning C-C-SF, Community Commercial
with a Special Focus Overlay
General Plan Commercial
Site Area .55 acres (24,033 s.f.) (3 parcels)
Environmental
Status
Categorically Exempt from
environmental review under
Section 15332 (In-Fill
Development Projects) of the
CEQA Guidelines.
SUMMARY
The applicant has submitted a project for a new four-story mixed-use project with 1,600 square feet of
ground floor commercial/retail space and 27 residential units. The project includes a 35% density bonus,
with 11% of the units designated for very low income households. As one of their affordable housing
incentives, the applicant is requesting a 43-foot maximum height for the structure where 35 feet is
normally allowed. The project also includes a request for a 40% parking reduction and the use of
mechanical parking lifts. The project is located within the Foothill Boulevard/Santa Rosa Special Focus
Area and requires Planning Commission review and approval (Zoning Regulations, Chapter 17.53:
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Special Focus Area (S-F) Overlay Zone).
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to review the project in terms of its consistency with the General
Plan, Zoning Regulations, and applicable City standards.
2.0 BACKGROUND
The applicant initially submitted their project on March 10, 2016. During the course of review, staff
provided feedback to the applicant regarding their proposal. The original proposal included a structure
with a height of 50 feet, a parking layout that did not comply with City standards, and the project design
was inconsistent with the Community Design Guidelines. The applicant responded by reducing the
height 7 feet to a maximum height of 43 feet, redesigning the parking to meet City standards and
redesigned the project with new colors, materials and articulation.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
Zoning C-C-SF (Community Commercial with a Special Focus Overlay)
Site Size 0.55 acres (24,033 s.f.)
Present Use & Development Vacant
Topography Flat
Access Chorro Street and Foothill Blvd
Surrounding Use/Zoning North: C-R-SF (University Square Shopping Center)
South: R-1 (Single family residences)
East: C-R-SF (G. Brothers Restaurant)
West: C-R-SF & R-1 (Jamba Juice, Starbucks, Single family residences)
3.2 Project Description
The project proposes to construct a new four-story mixed-use project with:
• 1,600 square feet of ground floor commercial/retail space;
• 27 residential units (23 two-bedrooms and 4 studios restricted for very-low income households);
• A request for a 40% shared/mixed-use/bicycle parking reduction to reduce the required parking
from 55 parking spaces to 33 parking spaces; and
• 113 bicycle parking spaces (80 long-term and 33 short-term).
The project also includes a separate application for architectural review that will be reviewed at a later
date once the use permit has been approved by the Planning Commission.
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3.3 Project Statistics
Item Proposed 1 Standard 2
Setback
Front Yard 0 feet 0 feet
Other Yard (max height 35 feet) 10 feet 5 feet
Max. Height of Structure(s) 43 feet 35 feet
Max. Building Coverage (footprint) 72% 75%
Density Units (DU) 25 DU 18 DU (36 DU per acre)
Parking Spaces
Vehicle 33 55
Bicycle (long-term) 80 58
Bicycle (short-term) 33 5
Notes:
1. Applicant’s project plans submitted 5/20/2016
2. Zoning Regulations
4.0 PROJECT ANALYSIS
4.1 General Plan Special Focus Area
On December 9, 2014, the City Council adopted the new Land Use and Circulation Elements (LUCE)
of the General Plan (Resolution No. 10586, 2014 Series). As a part of the update, a new section was
added to the Land Use Element (LUE) that identified Special Focus Areas (Attachment 4). Section
17.53.020 of the Zoning Regulations states Planning Commission review and approval is required for
project located within the Foothill Boulevard/Santa Rosa Special Focus Area (Attachment 5). The
section further states that all development within the Special Planning Areas shall adhere to the
requirements of the underlying zone district and the provisions for each of the respective Special
Planning Areas, as described in Chapter 8 of the Land Use Element. In addition, development objectives
within each of the Special Planning Areas shall be interpreted by the Community Development Director
or applicable advisory body or commission in order to achieve the development objectives of the Special
Focus Areas. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land
Figure 1: Perspective view of the project looking southeast from Foothill Blvd.
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Use Element policies shall take precedence.
The proposed project is located in the
Foothill Boulevard / Santa Rosa Area,1
which includes land on both sides of
Foothill Boulevard between Chorro and
Santa Rosa and is currently developed as
commercial centers that include highway
and neighborhood serving commercial
uses (see Figure 2).
The LUE policy for the Foothill
Boulevard/Santa Rosa Special Focus Area
states the City shall work with property
owners / developers to redevelop the area
as mixed use (either horizontal or vertical
mixed use) to include a mix of uses as
described under the Neighborhood
Commercial, Community Commercial and
Medium High to High Density Residential designations…As part of this project, the City will evaluate
adjustments to parking requirements to account for predominant pedestrian and bike access. Building
height adjustments in this area can also be considered with mixed use development. Redevelopment
plans shall include consideration of improving the existing complex intersections of
Foothill/Chorro/Broad… Among other possible incentives, building height adjustments on the North
side of Foothill may be considered with mixed use development.
The Foothill Boulevard / Santa Rosa Special Focus Area encourages discussion on the development of
mixed-use projects, adjustments in parking and height requirements and improving intersections along
Foothill Boulevard. The project incorporates various aspects of these concepts which are further
supported by other City polices and State housing law as discussed below.
4.2 Affordable Housing Incentives and Height
The applicant is requesting the height exception to be able to include four studios or two density units
for very-low income households; 11% of the project is affordable. According to Zoning Regulations
Chapter 17.90: Affordable Housing Incentives, when a developer agrees to construct at 11% of the total
units of a housing development for very-low income households, the director shall grant the developer,
upon the developer’s request, a density bonus of 35%.2 In addition to the density bonus, the developer
may request an additional incentive or concession, such height increase,3 when providing at least 10%
1 Land Use Element Section 8.2.1. Foothill Boulevard / Santa Rosa Area.
2 Zoning Regulations Section 17.90.040.E
3 Zoning Regulations Section 17.90.060.B(1): A reduction in site development standards or modification of zoning code
requirements or architectural design requirements that exceeds the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and
Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of
vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost
reductions.
Figure 2: Snapshot of Figure 10: Special Focus Areas from the
Land Use Element
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of the units for very-low income households.4
In addition, under the State Density Bonus law (Gov. Code section 65915), a public agency is required
to grant the incentive or concession unless it makes a written finding, based on substantial evidence, that
the concession or incentive would have a specific adverse impact upon public health and safety and there
is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering
the development unaffordable.5 “Specific adverse impact” within this statute means a “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.” Gov.
Code section 65589.5(d)(2).
The project proposes to construct a 43-foot tall structure within a zone that has a maximum height of 35
feet. As discussed above, the proposed density of the project cannot be achieved without additional
height. The surrounding neighborhood contains a range of single story and two-story structures; single
story buildings are directly adjacent to the site and the University Square Shopping Center, located across
the street from the site, contains several two-story structures that are approximately 30 feet tall. The
project steps down the height of the building with the highest height of 43 feet along Foothill Boulevard
and a lower height of the 32 feet closest to the nearest single family residence (Attachment 3, Project
Plans, Sheet A4.0). This is 3 feet lower than the maximum height of 35 feet allowed for the site (C-C
zone) as well as what is allowed, with a use permit, in the adjacent residential R-1 zone. Additionally
the project is setback 17 feet where a 13.5-foot setback is required. As proposed, the project appears to
be consistent with the Land Use policy discussion on building height adjustments for the Foothill
Boulevard / Santa Rosa Special Focus
Area and with the City’s affordable
housing incentives.
4.3 Chorro/Foothill Intersection
The project includes the widening of
Chorro Street at the intersection of
Foothill for a bike box and expansion of
the right turn lane (see Figure 3). A bike
box is a set of road markings located at
signalized intersections that allows
bicycles a head start when the traffic
signal changes from red to green. Adding
the bike box to the Chorro/Foothill
intersection will improve the bicycle
circulation at this intersection and is
consistent with the 2013 Bicycle
4 Zoning Regulations Section 17.90.060.A(2): Alternative or additional incentives. When a developer agrees to construct
housing for households of very-low, lower or moderate income households… and desires an incentive other than a density
bonus as provided in Section 17.90.040 of this chapter… the developer shall receive the following number of incentives or
concessions: (2) Two incentives or concessions for housing developments that include at least twenty (20) percent of the total
units for lower income households, at least ten (10) percent for very-low income households, or at least twenty (20) percent
for persons and families of moderate income in a common interest development.
5 See Government Code section 65915(d).
Figure 3: Proposed bike lane leading to the new bike box indicated
in green. The expansion of the right turn lane is indicated in
orange. Full engineering specifications will be included as part of
the building plans.
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Transportation Plan 6 and Circulation Element Policy 4.1.6: Bikeway Development with Road
Improvements of the Circulation Element which states: the City shall construct bikeways facilities as
designated in the Bicycle Transportation Plan when: A) The street section is repaved, restriped, or
changes are made to its cross-sectional design; or B) The street section is being changed as part of a
development project.
4.4 Parking
The project requires 55 spaces (50 spaces for 27 residential units and 5 spaces for 1,600 square feet of
commercial space). The applicant is requesting a 40% parking reduction to have a total of 33 required
spaces. Zoning Regulations Section 17.16.060.B states that where two or more uses share common
parking areas, the total number of parking spaces required may be reduced by up to 10%, with approval
of an administrative use permit. Section 17.16.060.C further states that by approving an administrative
use permit, the Director may reduce the parking requirement for projects sharing parking by up to 20%,
in addition to the shared parking reduction, for a total maximum parking reduction of 30%, upon finding
that the times of maximum parking demand from various uses will not coincide. The commercial space
is expected to be used at alternate hours during the day when residents are away at work and/or school.
The project also includes 30 additional bicycle parking spaces for 10% parking reduction. Section
17.16.060.G(2) states that projects which provide more bicycle and/or motorcycle spaces than required
may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a 10%
reduction, subject to the approval of the Community Development Director. All bicycle parking that
exceeds the required number of spaces shall be apportioned between short-term and long-term bicycle
spaces as stipulated by Table 6.5. The applicant is providing 50 additional bicycle parking spaces with
30 of the spaces to further reduce the parking requirements by 5.5 spaces. The design of the project
includes a bike lounge, a bike repair area (“bike shop”) and indoor bike storage to incentivize bicycle
use by tenants (Attachment 3. Project Plans, A2.0).
The project is located in close proximity to grocery stores, restaurants, entertainment, schools,
employment and two bus stops. Due to this location, the site and the surrounding area are easily
accessible by walking, biking or taking public transportation. One bus stop is located right in front of the
project and another is directly across the street, allowing to and from service to the site. The project
includes improvements to the existing bus stop with a bus turn out and the construction of a bus stop
shelter as a part of the building design (Attachment 3, Project Plans, Sheets A2.0 & A3.0). The project
location provides residents as well as customers various opportunities to access the site and nearby
destinations without a vehicle.
The applicant is also requesting to incorporate mechanical parking lifts as part of the project. The project
is proposing to use a Klaus TrendVario 4100 lift system which places vehicles subterranean with other
vehicles parked above, at grade (Attachment 3, Project Plans, Sheet 5.1). As proposed, the system parks
27 vehicles, one for each of the residential units. The dimensions of the system allow for a large variety
of car models as listed within the Project Plans, Sheet 5.1 (Attachment 3). Those vehicles that do not fit
6 2013 Bicycle Transportation Plan. Appendix A. North Chorro Intersection Enhancement. Intent: To address conflict
potential in the common direction movement (north on Chorro to west on Foothill) from the right hand lane that allows both
left turning and straight through traffic movement. Project Description: For northbound Chorro bicycle traffic at
Foothill Blvd: Modify the intersection/provide facilities, to reduce conflict possibility between left (west) turning bike traffic,
and straight through motor vehicle traffic. Notes: Possible solutions could include a Bike Box, a bicycle specific signal phase,
or lane movement configuration changes. Bike counts taken in 2008 show that the intersections of Santa Rosa/Foothill was
the second highest with a count of 314.
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into the lift system, have the ability to park in the regular parking stalls provided in the parking garage.
The project complies with the findings of approval with added Conditions of Approval No. 4 and 5; (4)
The mechanical parking lift shall be reviewed by the Architectural Review Commission for compliance
with Community Design Guidelines for compatibility with the building and site design and (5) Prior to
building plan approval, the applicant shall record an agreement that runs with the land that mechanical
parking systems will be safely operated and maintained in continual operation with the exception of
limited periods of maintenance (Attachment 1, Draft Resolution).
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the
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. It should be noted
that modifications to zoning regulations as required by State Density Bonus law noted above, do not
disqualify a project from claiming this exemption. See Wollmer v. City of Berkeley, 193 Cal. App. 4th
1329, 1338 (2011). 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 as the
site is located on an existing developed property and is served by required utilities and public services.
6.0 WATER AVAILABILITY
Since the adoption of the 2014 General Plan Land Use Element (LUE), the City acquired an additional
annual allocation of 2,102 acre feet of water from Nacimiento Reservoir, bringing the total annual
available to 5,482 acre feet per year. This brings the City’s total annual availability to 12,109 acre feet,
previously 10,007. In addition to this, the City is currently expanding its groundwater program, while
concurrently designing the upgrade to the Water Resource Recovery Facility to allow highly treated
wastewater to become a potable water source.
The 2015 Urban Water Management Plan projected that the City’s total annual residential and non-
residential water demand will be 7,496 acre feet at buildout (year 2035 with a population of 57,200) as
evaluated under the 2014 LUE. This estimation uses 117 gallons per capita day consumption (gpcd),
though the current usage is only 90 gpcd. As a baseline comparison, the total City annual water demand
in 2015 was approximately 4,772 acre feet; 40% of the available water supply.
The available annual water supply (12,109 acre feet) far exceeds the LUE projected annual buildout
demand (7,496 acre feet). Since the proposed project is consistent with the General Plan, water use and
demand associated with the development is anticipated and included with LUE buildout projections.
7.0 ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Deny the project based on findings of inconsistency with the General Plan, Zoning Regulations,
or other policy documents.
8.0 ATTACHMENTS
1. Draft Resolution
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2. Vicinity Map
3. Project Plans
4. Land Use Element Section 8: Special Focus Areas, Policy 8.2.1.
5. Zoning Regulations Chapter 17.53
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RESOLUTION NO. XXXX-15
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A USE PERMIT FOR A MIXED-USE PROJECT IN THE
FOOTHILL BOULEVARD SPECIAL FOCUS AREA, A 40 PERCENT
PARKING REDUCTION AND THE USE OF MECHANICAL PARKING
LIFTS INCLUDING A CATEGORICAL EXEMPTION FROM CEQA AND
A RECOMMENDATION OF APPROVAL OF A HEIGHT EXCEPTION AS
AN AFFORDABLE HOUSING INCENTIVE AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED AUGUST 24, 2016
(22 CHORRO, USE-2882-2016)
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
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; 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 the 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 Commission makes the following
findings in support of the project approval that includes a use permit for a mixed-use project in the
Foothill Boulevard special focus area, a 40 percent parking reduction and the use of mechanical
parking lifts and recommends approval of a height exception as an affordable housing incentive of
the proposed project:
1. That the project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity because the proposed project is consistent with the Foothill
Boulevard / Santa Rosa Special Focus Area of the Land Use Element and Zoning
Regulations.
Findings for Affordable Housing Incentives:
2. That the project is consistent with Housing Element, Goal 2 because the project includes
units for very-low income households which helps meet the City’s affordable housing
objectives.
ATTACHMENT 1
PC1 - 9
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Planning Commission Resolution No. PC-XXXX-16
USE-2882-2016 (22 Chorro Street)
Page 2
3. That with 11 percent of the units restricted for very-low income households, the applicant
is entitled up to a 35 percent maximum density bonus under State law and the City’s
Municipal Code, Chapter 17.90. Therefore, the proposed density bonus for the project of
35 percent is consistent with established criteria for density bonuses.
4. That the proposed height of 43 feet to accommodate the development of the proposed
project is appropriate as an incentive consistent with the Zoning Regulations Section
17.90.060.B(1) that a reduction in site development standards or modification of zoning
code requirements or architectural design requirements that exceeds the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage requirements and
in the ratio of vehicular parking spaces that would otherwise be required that results in
identifiable, financially sufficient, and actual cost reductions.
Findings for 40 Percent Parking Reduction:
5. That the proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A, Parking Space Requirements, in that it satisfies the intent of that section
which is “... to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities.” Moreover, the project
satisfies the requirement for a shared parking reduction specified in San Luis Obispo
Municipal Code Section 17.16.060.B because there are multiple uses that share common
parking areas. In addition, in accordance with the provisions of Section 17.16.060.C, the
times of maximum parking demand from the proposed uses will not coincide.
6. That the proposed project is consistent with the San Luis Obispo Municipal Code Section
17.16.060.G and provides 30 additional bicycle parking spaces (above the bicycle parking
required for the project) for a 10 percent parking reduction at the rate of one car space for
each five bicycle spaces provided.
7. That the proposed parking reduction will safe, and will not be detrimental to the
surrounding area or cause a decline in quality of life because project is located close
proximity to grocery stores, restaurants, entertainment, schools, employment and two bus
stops allowing for alternative modes of transportation such as walking, biking or taking
public transportation.
Findings for Mechanical Parking Lifts:
8. That the use of mechanical lift parking results in superior design and implementation of
City goals and policies for infill development by placing parking within the structure and
screening it from public view.
ATTACHMENT 1
PC1 - 10
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Planning Commission Resolution No. PC-XXXX-16
USE-2882-2016 (22 Chorro Street)
Page 3
9. That the mechanical lift parking is adequately screened and, as conditioned, shall be
reviewed by the Architectural Review Commission for compliance with Community
Design Guidelines for compatibility with the building and site design.
10. That the mechanical lift parking systems complies with all development standards
including but not limited to height and setback requirements, and Parking and Driveway
Standards with the exception of minimum parking stall sizes which are established by lift
specifications.
11. That, as conditioned, the mechanical parking systems will be safely operated and
maintained in continual operation with the exception of limited periods of maintenance.
12. That there are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or working
on the site or in the vicinity.
Section 2. Environmental Review. The project is categorically exempt under Class 32,
In-Fill Development Projects; Section 15332 of the 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 as the site is located on an existing developed property and is served by
required utilities and public services.
Section 3. Action. The Planning Commission does hereby approve the use permit
application USE-2882-2016 for a mixed-use project in the Foothill Boulevard special focus area,
a 40 percent parking reduction and the use of mechanical parking lifts and recommends approval
of a height exception as an affordable housing incentive at 22 Chorro Street subject to the following
conditions:
Planning
1. 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 City shall fully
cooperate in the defense against an Indemnified Claim.
2. The proposed use shall operate consistent with the project description, approved plans, and
other supporting documentation submitted with this application unless otherwise
conditioned herein.
ATTACHMENT 1
PC1 - 11
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Planning Commission Resolution No. PC-XXXX-16
USE-2882-2016 (22 Chorro Street)
Page 4
3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines and the Mixed Use
project design standards (Zoning Regulations section 17.08.072). Specific attention shall
be given to the compatibility between the adjacent commercial uses and the residential
uses. The Architectural Review Commission shall be responsible for taking action on
additional project conditions and code requirements as applicable.
4. The mechanical parking lift shall be reviewed by the Architectural Review Commission
for compliance with Community Design Guidelines for compatibility with the building and
site design.
5. Prior to building plan approval, the applicant shall record an agreement that runs with the
land that mechanical parking systems will be safely operated and maintained in continual
operation with the exception of limited periods of maintenance.
6. All regular (non-mechanical lift) parking spaces shall be available for residential tenants,
employees and customers free from restrictions. No regular parking spaces shall be
individually labeled or allocated.
7. All mechanical lift parking spaces shall be available for all residential tenants free from
restrictions.
8. The project shall include 33 parking spaces, 3 motorcycle spaces and 93 required bicycle
parking spaces (70 long-term and 23 short-term).
9. 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 to ensure the site does not
become under-parked.
10. The project shall have a maximum height of 43 feet. Any alterations increasing the
proposed height will require a modification to the use permit.
11. Plans submitted for building permit review shall show the location of all 93 required
bicycle parking spaces (70 long-term and 23 short-term) and include product sheets of the
proposed bike racks to be used. All bicycle parking spaces included as part of the project
shall comply with City’s Municipal Code Section 17.16.060, Table 6.5 and the Community
Design Guidelines Section 6.3.F.
Transportation
12. Consistent with the City’s Bicycle Transportation Plan, the project shall install a bike box
on Chorro Street, south of Foothill Boulevard. Building plans shall include the layout and
design of the bike box according to design guidance within the NACTO Urban Bikeway
Design Guidelines and design shall be reviewed and approved by City Transportation &
ATTACHMENT 1
PC1 - 12
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Planning Commission Resolution No. PC-XXXX-16
USE-2882-2016 (22 Chorro Street)
Page 5
Engineering Division prior to installation. The installation may require modifications to
the existing pedestrian refuge island.
On motion by , seconded by and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this day of adopted this 24th day of August, 2016.
_____________________________
Doug Davidson, Secretary
Planning Commission
ATTACHMENT 1
PC1 - 13
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DRAFT Minutes
PLANNING COMMISSION
Wednesday, August 24, 2016
Regular Meeting of the Planning Commission
CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order on Wednesday, August 24th,
2016 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo,
California, by Chair Stevenson.
ROLL CALL
Present: Commissioners Daniel Knight, John Larson, Ronald Malak, Vice-Chair John Fowler,
and Chairperson Charles Stevenson
Absent: Commissioner Hemalata Dandekar
Staff: Deputy Director of Development Review Doug Davidson, Associate Planner Rachel
Cohen, Special Projects Manager Marcus Carloni, Transit Manager Gamaliel Anguiano,
Transportation Operations Supervisor Jake Hudson, Assistant City Attorney Jon
Ansolabehere and Recording Secretary Brad T. Opstad
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
David Brodie, San Luis Obispo, spoke on recently traveling through multiple American cities
wherein strategies were developed that overcome existing zoning laws to accommodate for
increased low-income housing.
Camille Small, San Luis Obispo, spoke as a concerned neighborhood advocate about affordable
housing being developed in different ways.
PUBLIC HEARING
1. 22 Chorro Street. USE-2882-2016: Review of a new four story mixed-use project including
ground floor commercial/retail space and 27 residential units. The project includes a 35%
density bonus, with 11% of the units for very low income households, a request for a 40%
parking reduction with mechanical parking lifts, and the construction of a 43-foot tall structure
where 35 feet is normally allowed, with a categorical exemption from environmental review;
C-C-SF zone; San Luis Obispo Development Group, applicant.
Deputy Director Davidson introduced Planner Cohen to make the staff report presentation.
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Planning Commission Minutes DRAFT of August 24th, 2016 Page 2
APPLICANT PRESENTATION
Thom Jess, Arris Studio Architects, presented PowerPoint slides and discussed the site as having
been identified in the Land Use Element as a prime location for housing.
COMMISSION DISCUSSION
Commissioner Larson noted one particular piece of Agenda Correspondence, recommending he
recuse himself from consideration of a project and cited employment conflict of interest; clarified
the circumstances and provided reasons behind his intention to not recuse.
Chair Stevenson commented on the small amount of square-footage for retail space; asked for a
definition of a “bike lounge”; indicated the layout shows significantly relocated property line and
inquired whether it was newly required as a right-of-way alignment; addressed whether setback
along Chorro Street is in alignment with other setbacks for the residential area.
PUBLIC COMMENT
Kerry Brown, Victor Waytek, Linda Shinn, Terry Bauer, Delilah Curtis, Thomas Athanasion,
Lydia Mourenza, Mila Vujovich-LaBarre and Elizabeth Nicholson, San Luis Obispo, spoke as
residents of Rougeot Place neighborhood adjacent to, and in objection of the project; commented
on: the project’s being out-of-scale and out-of-character with the neighborhood; noted
incompatibility with surrounding residential and commercial areas; expressed concern with the
waiving of parking for residential uses and the inevitable parking overflow encroaching on the
neighborhood; highlighted traffic congestion, affecting the turn on the southern side of Foothill
and Chorro; and the contribution of downward propelling of property values.
David Brodie, San Luis Obispo, read a correspondence from Alan Cooper, pertaining to the City’s
need for the small yield of proposed low-income units leading to excessive exemptions for the
developer.
Lea Brooks, San Luis Obispo, spoke as a representative of Bike SLO County, shared enthusiasm
for green bike lane box at the challenging intersection; shared concern for the parking overflow
impacting the residential neighborhood.
Martha Miller, San Luis Obispo, expressed support for the project because it provides an increase
in housing and pedestrian traffic.
Myron Amerine, San Luis Obispo, spoke as a bicycle advocate, concerning the Foothill corridor’s
auto traffic being overly dense in an area with a significant bicycling population.
Carolyn Smith, San Luis Obispo, compared this project unfavorably to a massive project on Taft
Street and urged for a height reduction.
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Planning Commission Minutes DRAFT of August 24th, 2016 Page 3
Odile Ayral, San Luis Obispo, shared concurrence with the correspondence posted online, voicing
opposition to the project; stated that any site located on a former gas station demands an
Environmental Impact Report.
Betty DeHaan, San Luis Obispo, shared concerns regarding the number of parking spaces to which
the project is reducing and the currently dangerous turns out of parking lots on Chorro Street.
Jeff Eckles, San Luis Obispo, spoke as the Executive Director of Home Builder’s Association of
the Central Coast; requested that the Commission keep their discussion within the context of the
need for community housing.
Grant Robbins, San Luis Obispo, spoke in support of the project from a standpoint of a local
employer who cannot attract or maintain talent for his business due to the unavailability of housing.
Bob Mourenza, San Luis Obispo, regarded the project as expensive and high-density student
housing; voiced opposition to the project.
Anne Hodges, San Luis Obispo, expressed anger at what she termed as a “deceptive site”.
Camille Small, San Luis Obispo, shared concerns regarding the turn south on Chorro from Foothill,
becoming overly congested.
Steve Delmartini, San Luis Obispo, echoed comments of Public Commenters Eckles and Robbins,
in his support of the project.
David Brodie, San Luis Obispo, opined that the entire discussion on housing in the City is
leaderless and is without proper guidelines.
Chair Stevenson offered a ten-minute recess.
COMMISSION DISPOSITION
Chair Stevenson inquired about the property re-allocation for a right-of-way as an accommodation
to density.
Commissioner Malak asked for clarification on commercial zoning on first floor and the size &
quality of the available affordable housing.
Chair Stevenson remarked on his not being able to support the project, due to its numerous
conflicts with the Land Use Circulation Element and inconsistencies with the General Plan.
Commissioner Knight shared concerns about the environmental impacts, based on the property’s
prior use as a gasoline station.
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Planning Commission Minutes DRAFT of August 24th, 2016 Page 4
Commissioner Larson inquired about the height adjustment and the flexibility provided for it in
the Special Study Area; Assistant City Attorney Ansolabehere clarified that the height exception
was not based on policy but that the request for it is a concession allowed by the density bonus
law.
Commissioner Larson commented that the Chorro setback is an important issue in his estimation;
acknowledged difficulty in supporting the first finding, concerning with detriment to health, safety,
and welfare within the vicinity.
Commissioner Malak shared concerns regarding the project’s incompatibility with the
neighborhood and its effect on views, privacy and parking; requested removal of the rooftop deck.
Attorney Ansolabehere provided Resolution of a denial template for the Commission’s articulation
of necessary reasons for a denial as required by the State via Housing Accountability Act.
Commissioners Larson and Fowler suggested being open to continuance; Chair Stevenson
indicated that a denial might be preferred by the Applicant insofar as it provides the right of an
appeal; Applicant Loren Riehl explained that making adjustments to the height would not be
financially feasible but that additions to parking could be feasible.
ACTION: UPON MOTION BY COMMISSIONER LARSON, SECONDED BY VICE-CHAIR
FOWLER, the Planning Commission denied a Use Permit for a mixed-use project in the Foothill
Boulevard Special Focus Area; on the following 4:1:0:1 vote:
AYES: Larson, Fowler, Malak, Stevenson
NOES: Knight
ABSTAIN: None
ABSENT: Dandekar
Chair Stevenson commended the public for their articulation of concerns.
2. Citywide. OTHER-3400-2016: Review and recommendation to City Council of the draft
Short Range Transit Plan, FY 2017-2021; City of San Luis Obispo Public Works Department,
applicant.
Deputy Director Davidson introduced Transit Manager Anguiano to make presentation on the
revised draft of the Short-Range Transit Plan (SRTP). Transit Manager Anguiano emphasized and
highlighted the SRTP’s purpose, critical points and the various public input processes which
assisted in its development.
COMMISSION DISCUSSION
Vice-Chair Fowler shared concern regarding Islay bus stop off Tank Farm Road.
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RECEIIJ D
THENewspaper of the Central Coast OCT 10 2016
r -1 -1 LSL-0ally CI,E!
MB ,.M
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 2712790
CITY OF SAN LUIS OBISPO
OFFICE OF CITY CLERK
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I a1n a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
OCTOBER 7, 2016, that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
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(Sign ire of Principal Clerk)
DATED: OCTOBER 7, 2016
AD COST: $190.24
6 CMOF
filffIlL M OHISPO
SAN LUIS OBISPO CRY COUNCIL
NOTICE OF PUBLIC NEARING
The San Luis Obispo City Council 10tes
all interested persons to altend a pLiblic
hearing on Tuesday, October 18, 2016,
at 6:011 p.m, In the City Hall Council
Chamber, 990 Palm Street, San Lula Obi-
spo, California, relative to the following:
1. AEvlj~W OF AN .APPEAL OF THE
PLAMINI)NCi COM_t MIDN'S DECiS9N
TQ l HfY A NEYIIFoulR•S7ti7R .. ISE
PAOdECT_ 411 --TF1 QROUNDFes' gQRR
_C.QMMERCIALLRAIL SPACE AND 27
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qu�sx FOR A ��nt�-
TION WIT M CHAN.IF_AL PAMINP
LIFE �1�4_ OF THE I�N17�iN _7HE
PROJECT .1ILk 0— AFFOADA%�E Foo
VERY -LOW INCOM9 X10 jFlQLO$
AHD AFFOROAfHLE HOss15lH 1NCW
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CTION gF A 43. OOT TAt
MUCTURE WH1gR1__J5 EgF Is NO -
NA V ALLOWED [22 CH4RRO
T�
A public hearing to consider an appeal of
the Planning Commission's decision to de-
ny a use permit for a mixed-use project in
the Foothill Boulevard Special Planning
Area, a 40 percent parking reduction and
the use of mechanical parfting lifts and a
recornmendalton of approval of a height ex-
ception as an affordable housing incentive
located at'22 Chorro Street. (USE -2882•
2016)
The City Council may also discuss other
hearings or business items before or ;0tw
the items listed above. If you challenge the
proposed project in court, you may be limit-
ed to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written corre-
spondence delivered to the City Council at,
or prior to, the public hearing.
Reports for this meeting will be available
for review in the City Clerk's Office and on-
llne al j±nrw-siocllv.ora on Wednesday, Oc-
tober 12, 2016, lease call the City Clark's
Office al (805) 731-7100 for more Informa-
tion. 7110 City Council meeting will be late-
vlsed live on Charter Cable Channel 20
and live streaming on www.slocity.org.
Carrie Gallagher
City Clerk
City of San Luis Obispo
00101mr 7, 2016 2712790
22 Chorro Street
ARCH-2882-2016
October 18, 2016
Appellant: San Luis Development Group, LLC
Recommendation
Adopt a resolution upholding the appeal of the Planning
Commission’s denial of a use permit for a mixed-use
project at 22 Chorro Street,thereby approving the use
permit for a mixed-use project in the Foothill Boulevard
special planning area,a 40%parking reduction and the
use of mechanical parking lifts,including approval of a
height exception as an affordable housing incentive.
2
Site Information
3
Zone: C-C-SF
Size: .55 acres (24,033 s.f.)
General Plan: Commercial
Currently Vacant
G. Brothers
SmokehouseFoothill
Rougeot
University Square
Shopping Center
Ferrini Square
ResidentialBroad
Site Information
4
Zone: C-C-SF
Size: .55 acres (24,033 s.f.)
General Plan: Commercial
Currently VacantFoothill
RougeotBroad C-R-SF
C-C-SF
R-1
C-C-SF
Site Information
5
Project Description
6
Project Description
7
Project Description
8
Bike Box Bus TurnoutRight lane
turnout
Background
9
1.Land Use Element,Chapter 8:Special
Focus Area
2.Housing Element
3.Circulation Element
4.Major City Goal
5.State Housing Density Bonus Law
6.Housing Accountability Act
10Land Use Element
Land Use Element
11
Land Use Element Policy 8.2.1
The Foothill Boulevard / Santa Rosa Special Planning
Area encourages:
The development of mixed-use projects,
Adjustments in parking and building heights, and
Improving intersections along Foothill Boulevard.
Housing Element
12
Remaining RHNA need based on dwelling units approved,
under construction or built (January 1,2014 to October 11 ,
2016)
Income Category
A B A-B
New Construction
Need (RHNA)
Dwelling Units
Approved, Under
Construction or Built
Remaining RHNA
Need, Dwelling
Units
Extremely-Low (< 31% of
AMI)
142 5 137
Very Low (31-50% of AMI)143 53 90
Low (51-80% of AMI)179 81 98
Moderate (81-120% of AMI)202 95 107
Above Moderate (>120% of
AMI)
478 4781 0
TOTAL RHNA UNITS 1,144 7121 432
Housing Element
13
Policy 8.1:Encourage housing development that meets
a variety of special needs…
Policy 11 .1:Where property is equally suited for
commercial or residential uses,give preference to
residential use.
Policy 2.17:…consider increasing residential densities
above state density bonus allowances for projects that
provide affordable housing.
Program 6.19:…incentivize affordable housing
development with density bonuses,parking reductions
and other development incentives…
Circulation Element
14
Transportation Goals &Objectives
Maintain accessibility and protect the environment
throughout San Luis Obispo while reducing dependence on
single-occupant use of motor vehicles...
Reduce people's use of their cars by supporting and
promoting alternatives such as walking,riding buses and
bicycles,and using car pools.
Encourage better transportation habits…Increase the use of
alternative forms of transportation and depend less on the
single-occupant use of vehicles.
Major City Goal
15
Implement the Housing Element,facilitating workforce,
affordable,supportive and transitional housing options,
including support for needed infrastructure within the
City’s fair share.
State Housing Density Bonus Law
16
California State law encourages the development of
affordable housing and provides density bonuses based on
the inclusion of affordable units within a project.
In addition to a density bonus,by providing a certain
percentage of affordable units within a project,a developer
may receive alternative incentives or concessions for the
project.
State law requires a public agency to relax its development
standards to allow for the physical construction of the
additional “density units”unless the relaxation of such
standards will result in specific adverse impacts.
Housing Accountability Act
17
Section 65589.5(d)(2)of the Act states that:
A local agency shall not disapprove or condition approval
in a manner that renders the project infeasible for
development for the use of very low,low-,or moderate-
income households…including the use of design review
standards,unless it makes written findings,based upon
substantial evidence in the record.
Housing Accountability Act
18
Section 65589.5(d)(2)of the Act states that:
The development project…as proposed would have a specific,
adverse impact upon the public health or safety,and there is no
feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable.
Inconsistency with the zoning ordinance or general plan land use
designation shall not constitute a specific,adverse impact upon the
public health or safety.
Planning Commission Action
19
On August 24,2016 the PC evaluated the proposed
mixed-use project and voted 4:1 to deny the use permit.
Planning Commission Action
20
The PC made findings that:
The parking reduction was excessive and would not be
sufficiently off-set and have detrimental impacts on the
surrounding residential area.
The overall height and scale of the project was found to be:
Inconsistent with the General Plan and Community
Design Guidelines;
Not compatible with the surrounding neighborhood;
Blocked views from Foothill Boulevard;and
Interfered with the privacy of adjacent residential
neighbors.
Appeal
21
On August 31,2016,San Luis Development Group,LLC,
filed an appeal of the Planning Commission’s decision for
denial.
Appeal
22
The appeal stated that:
The PC’s decision is inconsistent with and/or violates
local,Federal and/or State laws and policies;and
The proposed project is consistent with:
LUE Section 8.2.1:Special Planning Areas;
Major City Goal regarding housing;
Zoning Regulations regarding parking reductions;and
The California Density Bonus Law and Housing
Accountability Act.
Staff Recommendation
23
1.Height
2.Neighborhood Compatibility
3.Views
4.Parking
Height
24
Staff’s rationale for recommending the height exception is
several fold:
State Density Bonus law allows a developer to request a
concession such as a height exception and a public agency
must grant that exception unless it can make certain
findings.
State Density Bonus law further requires a public agency to
relax development standards to allow for the physical
construction of the “density units.”The additional maximum
height allowance is needed to build the density units.
The request for additional height is consistent with the Land
Use policy discussion on building height adjustments for
the Foothill Boulevard/Santa Rosa Special Planning Area.
Neighborhood Compatibility
25
Neighborhood Compatibility
26
43 ft.
~32 ft.Residential PropertyFoothill Boulevard
Neighborhood Compatibility
27
Front Elevation
West Elevation
Neighborhood Compatibility
28
Landscape Plan
Existing
Trees
New
Trees
New Street
Trees
Neighborhood Compatibility
29
9 AM 12 PM
3 PM
Winter Solstice
Shading Model
Neighborhood Compatibility
30
South Elevation
Views
31
Cerro San Luis
Parking
32
The project requires 55 parking spaces (50 spaces
for 27 residential units and 5 spaces for 1,600
square feet of commercial space).
The project provides 33 vehicle parking spaces and
113 bicycle parking spaces:
30% reduction for shared parking
10% reduction by providing 30 bicycle parking
spaces
33Parking
750 feet to
Grocery store,
restaurants, bike shop
800 feet to
Church
¼ mile to
Hospital
350 feet to
Grocery store, drug store,
gym, restaurants, bank
200 feet to
Restaurants
½ mile to
Cal Poly
¼ mile to
Pacheco
Elementary
1 mile to
Downtown
Parking
34
Recommendation
Adopt a resolution upholding the appeal of the Planning
Commission’s denial of a use permit for a mixed-use
project at 22 Chorro Street,thereby approving the use
permit for a mixed-use project in the Foothill Boulevard
special planning area,a 40%parking reduction and the
use of mechanical parking lifts,including approval of a
height exception as an affordable housing incentive.
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Questions/Comments
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Project
Site
Acreage: 1.34
Zoning: C-C
Allowable Density: 48 d.u.
Acreage: 0.56
Zoning: C-C
Allowable Density: 20 d.u.
Acreage: 1.58
Zoning: R-4
Allowable Density: 38 d.u.
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Planning Commission Action
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The PC denied the use permit based on the following findings:
1.That the project will be detrimental to the health,safety,or welfare of those working or residing
in the vicinity because the proposed parking reduction is excessive and the height is
inconsistent with the General Plan.
2.That the request for reduced parking is inconsistent with San Luis Obispo Municipal Code
section 17.16.060 in that the requested parking reduction is excessive for the proposed use and
that the times of the proposed mixed-use parking demand from the various uses will coincide in
such a way that it will have detrimental impacts on the surrounding area.
3.That the proposed project height is inconsistent with Conservation and Open Space Element
Policy 9.2.1 because the project will block views from Foothill Boulevard which is designated as
having moderate scenic value.
4.That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.E
Compatible Development:Architecture;the project’s height and scale does not provide a smooth
transition between the existing and proposed development.
5.That the proposed project height is inconsistent with the Community Design Guidelines sections
5.3.A.1 and 5.3.C:the project’s height and scale does not provide a smooth transition between
the immediate neighborhood.
6.That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development:Privacy and Solar Access;the project will overlook onto adjacent
properties and does not respect the privacy of neighboring building and outdoor areas.
Planning Commission Action
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Public testimony included that the project:
Was out of scale and character with the neighborhood and
overall too tall;
Interfered with the privacy of the next door neighbors;
Had too many units;
Too few parking spaces and should have 100 parking spaces
to accommodate the “real”number of people living on the site;
Residents would park on the neighborhood streets that are
already impacted;
Would drive down adjacent property values;and
would increase the traffic and congestion at the intersection of
Chorro and Foothill.
Planning Commission Action
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Other public testimony included that the
project:
Provided much needed housing;
Made the best use of the corner lot;
Provided a buffer between Foothill and the
residential neighborhood;and
Promoted multi-modal transportation.
Project Analysis: Intersection Improvements
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Staff Recommendation
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Affordable Housing Incentives and Height
The developer is requesting a 35%density bonus
and a height exception
11 %of units are set aside for very-low income
households
The project proposes to construct a 43-foot tall
structure within a zone that has a maximum height
of 35 feet
State Housing Density Bonus Law
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“Specific adverse impact”within this statute means a
“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.”