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HomeMy WebLinkAbout12-05-16 ARC Agenda Packet City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Agenda Architectural Review Commission Monday, December 5, 2016 5:00 pm REGULAR MEETING Council Chambers 990 Palm Street CALL TO ORDER: Chair Greg Wynn ROLL CALL: Commissioners Brian Rolph, Amy Nemcik, Allen Root, Angela Soll, Vice-Chair Suzan Ehdaie, and Chair Greg Wynn PUBLIC COMMENT PERIOD: At this time, the general public is invited to speak before the Commission on any subject within the jurisdiction of the Architectural Review Commission that does not appear on this agenda. Although the Commission will not take action on any item presented during the Public Comment Period, the Chair may direct staff to place an item on a future agenda for formal discussion. PUBLIC HEARINGS Note: Any court challenge to the actions taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing, or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. 1. 22 Chorro Street. ARCH-2794-2016; Architectural review of a new four-story mixed-use project that includes ground floor commercial/retail space, 27 residential units and mechanical parking lifts, with a categorical exemption from environmental review; C-C-SF zone; San Luis Obispo Development Group, LLC, applicant. (Rachel Cohen) COMMENT & DISCUSSION 1. STAFF a. Agenda Forecast San Luis Obispo - Regular Meeting Agenda of December 5, 2016 Page 2 ADJOURNMENT The next Regular Architectural Review Commission meeting is scheduled for Monday, December 19, 2016 at 5:00 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPEALS Any decision of the Architectural Review Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk’s office, or on the City’s website (www.slocity.org). The fee for filing an appeal is $281 and must accompany the appeal documentation. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805)781-7107. Meeting Date: December 5, 2016 Item Number: 1 2 ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT SUBJECT: Design review of a new four-story mixed-use project that includes ground floor commercial/retail space, 27 residential units and mechanical parking lifts. PROJECT ADDRESS: 22 Chorro Street BY: Rachel Cohen, Associate Planner Phone Number: (805) 781-7574 e-mail: rcohen@slocity.org FILE NUMBER: ARCH-2794-2016 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) based on findings, and subject to conditions. 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 is proposing to construct a new four-story mixed-use project with 1,600 square feet of ground floor commercial/retail space and 27 residential units, 118 bicycle parking spaces and 33 vehicle parking spaces that utilize mechanical parking lifts. The project is zoned Community Commercial (C- C) and located within the Foothill Boulevard/Santa Rosa Special Planning Area. A Use Permit (USE- 2882-2016) was approved by the City Council on October 18, 2016 that allows a maximum height of 43-feet (where normally 35 feet is allowed), a 40% parking reduction, and the use of mechanical parking lifts. ARC1 - 1 ARCH-2794-2016 22 Chorro Street Page 2 1.0 COMMISSION’S PURVIEW The ARC’s role is to review the project in terms of its consistency with the Community Design Guidelines and applicable City policies and 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. On August 24, 2016 the Planning Commission (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. On August 31, 2016, the applicant appealed the PC’s decision to deny the project. The City Council reviewed the appeal on October 18, 2016 and voted 4:1 to uphold the appeal and approve the project (Attachment 5, City Council Final Resolution). The Use Permit (USE-2882-2016) allows a maximum height of 43-feet (where normally 35 feet is allowed), a 40% parking reduction, and the use of mechanical parking lifts. After the vote, the City Council briefly discussed the architecture and design of the project. Comments were focused on the roof top deck and concerns of overlook/privacy and noise and the outdoor patio at the corner of Chorro and Foothill and its nearness to the intersection. The applicant made minor changes in response to the Council’s comments and these are provided with additional information in Section 4.7 below for ARC discussion. 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-C-SF (G. Brothers Restaurant) West: C-C-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 40% shared/mixed-use/bicycle parking reduction to reduce the required parking from 55 parking spaces to 33 parking spaces; ARC1 - 2 ARCH-2794-2016 22 Chorro Street Page 3  113 bicycle parking spaces (80 long-term and 33 short-term); and  A landscape plan that includes 10 new street trees and new trees and shrubs along the south border of the parcel (Attachment 3, Project Plans). The project includes various materials including wood grain Italian walnut finished Trespa (high- pressure laminate) panels, vertical metal siding (corrugated metal), ceramic tiles, smooth stucco, metal trellises, canopies and awnings, and aluminum clad windows. Colors include blue, gray, and white (see Attachment 3, Project Plans, Sheet A6.0). 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 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 The project is a mixed-use project that includes both commercial and residential spaces within the Community Commercial (C-C) zone. The Community Design Guidelines (CDG) do not specifically Figure 1: Perspective view of the project looking southeast from Foothill Blvd. ARC1 - 3 ARCH-2794-2016 22 Chorro Street Page 4 discuss design objectives for mixed-use projects. As such, staff reviewed the project using design guidelines for commercial projects since the project is located within a commercial zone, but also looked to multi-family project design for residential building characteristics. 4.1 Neighborhood Compatibility The proposed architecture of the project is unique and not a “canned” or “trademark” building design.1 The CDG discuss that new designs should incorporate elements of the surrounding neighborhood character without duplicating it, stating that it is important for each site to both maintain its own identity and be complementary to its surroundings. Thus, a new building can be unique and interesting and still show respect for and compatibility with the architectural styles and scale of other buildings in its vicinity.2 The project includes four-sided architecture that uses a mix of traditional exterior materials such as smooth finished stucco and tile and contemporary materials such as corrugated/vertical metal siding and Italian walnut finished Trespa siding. The surrounding structures in the neighborhood include the use of stucco, CMU blocks, cement, composite siding, and glass. The proposed project contains similar materials and architectural features that have been included in the renovation of University Square and Foothill Plaza including the use of metal awnings and canopies and composite siding. The proposed colors also complement the surrounding colors of the neighborhood. 4.2 Design Consistency The CDG Chapter 3, section B(3) states designs should demonstrate a consistent use of colors, materials, and detailing throughout all elevations of the building. Elevations which do not directly face a street should not be ignored or receive only minimal architectural treatment. Each building should look like the same building from all sides. The project provides four-sided architectural and maintains consistent use of materials and colors (Attachment 3, Project Plans, Sheets A3.0-A3.3). 4.3 Form and Mass The CDG state that a building’s design should provide a sense of human scale and proportion. Horizontal and vertical wall articulation should be expressed through the use of wall offsets, recessed windows and entries, awnings, full roofs with overhangs, second floor setbacks, or covered arcades.3 The proposed mixed-use project has a maximum height of 43 feet and is taller than the surrounding structures in the neighborhood. The surrounding neighborhood contains a range of single and two-story residential buildings and commercial structures. The project places the tallest portion of the structure along Foothill Boulevard and a lower height of approximately 33 feet closest to the nearest single family residence as shown in Figure 2 (Attachment 3, Project Plans, Sheet A4.0). The mass of the proposed project is setback 15 feet from the adjacent residential project. Stairs that access the building are setback 10 feet. Figure 2 also illustrates that the front façade of the structure steps away from Foothill Boulevard 1 Community Design Guidelines Chapter 3: B(1): Architectural style. No particular architectural style or design theme is required in the City nor can San Luis Obispo be defined by any particular architectural style. A wide range of architectural characteristics adds to the City’s overall image. While variety in design is generally encouraged, the compatibility of new projects with the existing built environment should be a priority. The goal is to preserve not only the historic flavor of th e community but, equally important, its scale and ambience. “Canned” or “trademark” building designs used by franchised businesses in other cities may not be acceptable in San Luis Obispo, as they can collectively have the effect of making the commercial areas of the City look like anywhere in California. 2 Community Design Guidelines Chapter 3: B(2). Neighborhood compatibility. 3 Community Design Guidelines Chapter 3: B(4). Form and mass. ARC1 - 4 ARCH-2794-2016 22 Chorro Street Page 5 as the building reaches its maximum height. This is consistent with the design standards for multi-family structures which states structures with greater height may require additional setbacks at the ground floor level and/or upper levels (stepped-down) along the street frontage so they do not shade adjacent properties or visually dominate the neighborhood.4 The project incorporates vertical and horizontal wall articulation through changes in wall off-sets and materials. The first floor entries are recessed and highlighted as an important element of the structure by the use of metal awnings as well as column features for the commercial portion of the building.5 4.4 Building Materials and Colors The CDG state building materials shall be carefully chosen to enhance the consistency of the architectural theme and design.6 As mentioned in Section 4.1 above, the project proposes to use a mix of four materials: smooth stucco, vertical metal siding, Trespa panels with an Italian walnut finish, and glazed tile. The materials do not have a “stuck on” or “thin” appearance and are integrated into the architecture of the building and logically wrap with the building’s off-sets and setbacks. ARC Discussion: The CDG do not specifically discuss a limit to the number of materials used on a building façade. The ARC may want to discuss if the use of all the proposed exterior materials contribute to an integrated design or if fewer types of exterior materials would be more successful. Colors as well as materials play an important role in building design and the CDG state that colors should be compatible with the existing colors of the surrounding area but need not duplicate existing colors.7 The proposed color scheme uses cool grays with accents of white and blue and wood grain Italian walnut (Attachment 3, Project Plans, Sheets A6.0 and A8.3 & A8.4). These colors coordinate well within the 4 Community Design Guidelines Chapter 4: C(2). Scale. 5 Community Design Guidelines Chapter 3: B(8). Entries. 6 Community Design Guidelines Chapter 3: B(10). Building materials. 7 Community Design Guidelines Chapter 3: B(12). Colors. Figure 2: Section view of the project as seen looking west towards the project site ARC1 - 5 ARCH-2794-2016 22 Chorro Street Page 6 project as well as with the surrounding neighborhood, especially the recently remo deled University Square Shopping Center. 4.5 Site Planning The CDG give specific guidelines for project site planning for Commercial projects within Chapter 3, Section C. The project, as discussed above, maintains the required setback from adjacent residential structures, protects privacy of adjacent properties by placing all balconies and decks towards Foothill Boulevard, and protects solar access due to the project siting and orientation (Attachment 3, Project Plans, Sheet A5.0). The overall structure is oriented parallel to Foothill and is placed behind the sidewalk. This is consistent with the CDG which state that buildings with high pedestrian use should face and be directly accessible from the sidewalk.8 The site plan layout is also consistent with direction in the CDG to provide parking interior to the lot. In this case, the project has enclosed all vehicle parking spaces within a parking garage on the first floor of the project. 4.6 Mechanical Parking Lifts The project requires 55 spaces (50 spaces for 27 residential units and 5 spaces for 1,600 square feet of commercial space). The City Council as part of the use permit appeal granted a 40% parking reduction, allowing a total of 33 required spaces. As part of the parking strategy, the applicant has included the use of 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. The dimensions of the system allow for a large variety of car models as listed within the Project Plans, Sheet 5.1 (Attachment 3). Condition No. 4 of the use permit requires that the ARC review that the mechanical parking lift is compatible with the building and site design (Attachment 5, City Council Final Resolution). As described above, the mechanical parking lifts are fully enclosed and are consistent with the CDG and do not detrimentally impact the design of the project. 4.7 Balconies, patios and rooftop decks The CDG state that the use of balconies, porches, and patios as part of multi-family structures is encouraged for both practical and aesthetic value. These elements should be used to break up large wall masses, offset floor setbacks, and add human scale to structures.9 The applicant has designed the project to include several balconies, a roof deck and a patio area. The City Council provided feedback that the ARC should review the rooftop deck and the patio located at the corner of Foothill and Chorro. Comments were focused on overlook/privacy and the nearness of the patio to the intersection. The balconies all face Foothill Boulevard with the exception of one small balcony off of a second floor studio unit that faces Chorro Street in order to protect privacy of adjacent properties while being able to provide outdoor space for many of the units. The rooftop deck has been modified in response to the City Council’s comments. The applicant increased the planter that circles the deck to a width of 7 feet so that persons utilizing the deck cannot hang over the edge (Attachment 3, Project Plans, Sheet A8.0). Additionally, the additional landscaping will help buffer any potential noise from those using the deck. The modified design also includes a gate that can be locked to prevent access to the deck. The corner patio has been modified to include concrete planters in place of a solid concrete wall between the patio and the public sidewalk. The landscaping is intended to soften the corner and provide a better transition 8 Community Design Guidelines Chapter 3: C(2.b). Building and parking location. 9 Community Design Guidelines Chapter 3: C(3). Balconies, porches, and patios. ARC1 - 6 ARCH-2794-2016 22 Chorro Street Page 7 between the patio and the sidewalk. ARC discussion: The ARC should discuss if the rooftop deck and corner patio are appropriate amenities/elements for the project. 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. 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 infill 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 Cit y 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 Community Design Guidelines or applicable City policies and standards. 8.0 ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Project Plans 4. City Council Agenda Report 10-18-2016 5. City Council Final Resolution 10-18-2016 ARC1 - 7 RESOLUTION NO. ARC-XXXX-16 A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION APPROVING A NEW FOUR-STORY MIXED-USE PROJECT THAT INCLUDES GROUND FLOOR COMMERCIAL/RETAIL SPACE, 27 RESIDENTIAL UNITS AND MECHANICAL PARKING LIFTS WITH A CATEGORICAL EXEMPTION OF ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 5, 2016 22 CHORRO (ARCH-2794-2016) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on August 24, 2016, pursuant to a proceeding instituted under application #USE-2882-2016, San Luis Development Group, LLC, applicant; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on October 18, 2016, pursuant to a proceeding instituted under application #USE-2882-2016, San Luis Development Group, LLC, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on December 5, 2016, pursuant to a proceeding instituted under application #ARCH-2794-2016, San Luis Development Group, LLC, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Architectural Review Commission hereby grants final approval to the project (ARCH-2794-2016), based on the following findings: 1. That the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project will be compatible with site constraints and the scale and character of the site and the surrounding neighborhood. 2. The proposed project is consistent with Land Use Element Policy 8.6 the Foothill Boulevard/Santa Rosa Special Focus Area of the Land Use Element and Zoning Regulations because the project provides a mixed use project that accounts for high ATTACHMENT 1 ARC1 - 8 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 2 pedestrian and bike access. 3. The mechanical lift parking is consistent with the Community Design Guidelines because the lifts are adequately screened and compatible with the building and site design of the proposed project. 4. The project is consistent with the City’s Community Design Guidelines because the proposed project incorporates similar materials and architectural features to the surrounding neighborhood and provides a complementary color scheme. 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 infill property and is served by required utilities and public services. SECTION 3. Action. The Architectural Review Commission (ARC) hereby grants final approval to the project with incorporation of 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 the City shall fully cooperate in the defense against an Indemnified Claim. 2. The Architectural Review Commission’s approval of this project will expire after three years if construction has not started. On request, the Community Development Director may grant a single, one-year extension. 3. The construction drawings submitted for a building permit shall be in substantial compliance with use permit #USE-2882-2016 (Resolution No. 10749). 4. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the ARC. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as ATTACHMENT 1 ARC1 - 9 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 3 deemed appropriate. 5. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the color and material board submitted with Architectural Review application. 6. The locations of all exterior lighting, including lighting on the structure, bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall-mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the City’s Night Sky Preservation standards contained in Chapter 17.23 of the Zoning Regulations. 7. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will provide adequate screening. A line-of-sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 8. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. 9. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. ATTACHMENT 1 ARC1 - 10 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 4 Engineering Division – Public Works/Community Development 10. All underlying lots shall be merged or lot lines shall otherwise be adjusted prior to building permit issuance unless otherwise approved for deferral by the Building Division. Contact the Planning Division to initiate the Voluntary Lot Merger, Lot Line Adjustment, or subdivision process. 11. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.050 12. The building plan submittal shall show all existing and proposed public and private easements and dedications for reference, easements shall be recorded in a format approved by the City of San Luis Obispo prior to building permit issuance. 13. The building plan submittal shall show any sections of damaged or displaced curb, gutter, sidewalk, or driveway approach to be repaired or replaced to the satisfaction of the Public Works Department. 14. Public improvement plans will be required for the work located within the public right-of- way and/or areas with proposed Offer of Dedication. A separate plan review base fee per the fee resolution in effect at the time of plan submittal will be required for review of improvement plans by the Engineering Development Review Division. A separate encroachment permit and inspection fees will be required based on the encroachment permit fee schedule in effect at the time of construction. Separate review fees may be requ ired by the Transportation/Traffic Division and Utilities Department. The on-site and off-site civil plans may be included in the building plan for review consistency. Separate improvement plan sets and record drawing submittal shall be provided in accordance with the City Engineering Standards. 15. The building plan submittal shall show a new curb ramp at the corner of Chorro and Foothill per ADA and City Engineering Standards. 16. The building plan submittal shall show the existing driveway approaches to be abandoned and replaced with curb, gutter, and sidewalk per city engineering standards. The new driveway approach shall comply with current City and ADA standards. The current standards require a 4’ accessible sidewalk extension behind the ramp. 17. Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving materials are recommended for water quality and/or quality control purposes and in the area of existing or proposed trees and where the driveway or parking area may occur within the dripline of any tree. Alternate paving materials shall be approved to the satisfaction of the Planning Division. ATTACHMENT 1 ARC1 - 11 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 5 18. The building plan submittal shall show all parking spaces that are adjacent to a post, column, or wall to be one additional foot in width for each obstruction per City Engineering Standard 2220. 19. The building plan submittal shall show all required short-term and long-term bicycle parking per M.C. Section 17.16, Table 6.5, and in accordance with standards contained in the 2013 Bicycle Transportation Plan, 2010 Community Design Guidelines, and any project specific conditions to the satisfaction of the Community Development Department. Include details and detail references on the plans for the proposed bicycle parking facilities and/or racks. The building plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to obstructions per city standard. 20. The final plan for short-term bike racks shall be approved by the City. The bike rack layout, orientation, and locations shall honor any exit paths, minimum pedestrian circulation requirements, and the limits of the public right-of-way. If allowed to encroach within the public right-of-way and/or public pedestrian easements, the racks would need to be covered under an encroachment agreement in a format approved by the City of San Luis Obispo. 21. The building plan submittal shall show the proposed bus stop and turnout to be in compliance with ADA and City Engineering Standards. 22. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. All wire services to the building shall be underground. Underground service requirements shall be completed with no new utility poles unless otherwise specifically approved by the City. All work in the public right-of-way shall be shown or noted on the plans. 23. The utility plan shall include all required utility abandonments and/or relocations per City Engineering Standards. 24. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. 25. The proposed solid waste management plan including containment, access, and pick-up shall be approved to the satisfaction of the Public Works Department, Planning Division, and SLOGC. Internal access and pick-up within the on-site driveway may be required rather than using a trash ramp and pick-up within a designated travel lane. 26. The building plan submittal shall show the location, extent and nature of all proposed site retaining walls. Show the location of the property line on the wall detail for reference. Wall footings shall not cross the property line unless otherwise approved by the City for ATTACHMENT 1 ARC1 - 12 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 6 encroachment into the public right-of-way. 27. The building plan submittal shall include a complete grading, drainage and topo plan. The grading and drainage plan shall show existing structures and grades located within 15’ of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 28. The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board. The final analysis and pre vs. post development plan shall clearly identify and account for the previous planter/pervious areas. The final drainage report and Post Construction Stormwater Regulations compliance summary shall clarify the developed site history and shall substantiate that this is a re-development project. Include a complete Post Construction Stormwater Control Plan Template as available on the City’s Website. 29. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. 30. The building plan submittal shall show all existing and proposed street trees. Street trees are required at a rate of one 15-gallon street tree for each 35 linear feet of frontage. Tree species and planting requirements shall be in accordance with City Engineering Standards. Transportation – Public Works Department 31. Architectural plans submitted for building permit shall clearly show layout and dimensions of a bike box on Chorro Street and shall be consistent with use permit #USE-2882-2016 (Resolution No. 10749). This will require modifications to the existing pedestrian refuge island. Design shall be to the satisfaction of the Public Works Director. Utilities Department 32. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 33. The project’s Landscape Plan shall be consistent with provisions of the City’s declared ATTACHMENT 1 ARC1 - 13 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 7 drought emergency (estimated total water use (ETWU) cannot exceed 50 percent of maximum applied water allowance or (MAWA)). 34. All proposed residential units are to be individually metered. Privately owned sub-meters may be provided upon approval of the Utilities Director or her/his designee. The CCR’s for the property association shall require that the sub-meters be read by the association (or contracted service) and each unit billed according to water use. 35. The project (residential units and retail uses) is required to implement off-site sewer rehabilitation (private lateral repair/ replacement) that results in quantifiable inflow and infiltration reduction in the City’s wastewater collection system to offset the project’s base wastewater flow increase. The final selection of the inflow and infiltration reduction project will be approved by the Utilities Director. 36. The project’s road improvements along Chorro Street and Foothill Boulevard will need to include provisions, including but not limited, to adjust existing water valves, water mains, fiber cables, service laterals, and pressure reducing station with traffic rated covers. 37. Sufficient clearance will need to be provided to meet the line-of-sight requirements for the relocation of the pressure reducing station’s control panel located in the southeast corner of the intersection. If the required clearance falls outside of the public right of way, an easement dedication will be required for placement of the panel and related controls. Code Requirements Building Division – Community Development Department 38. Projects submitted for building permit application after January 1st, 2017 will be subject to the requirements of the 2016 California Series of Codes. Utilities Department 39. Potable city water shall not be used for major construction activities, such as grading and dust control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s Municipal Code. Recycled water is available through the City’s Construction Water Permit program. Information on the program is available at: http://www.slocity.org/home/showdocument?id=5909 40. It is unclear if any existing sewer laterals are present the property. Any existing laterals identified during project construction must be abandoned at the City main consistent with City standards. ATTACHMENT 1 ARC1 - 14 Resolution No. ARC-XXXX-16 22 Chorro, ARCH-2794-2016 Page 8 On motion by Commissioner__________, seconded by Commissioner _________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 5th day of December, 2016. _____________________________ Doug Davidson, Secretary Architectural Review Commission ATTACHMENT 1 ARC1 - 15 R-1 C-R-S C-C-SF R-1 C-C-SF O-PD PF R-1 R-4 C-C-SF FOOTHILLCH O R R O ROUGEOT VICINITY MAP ARCH-2794-201622 Chorro Street ¯ ATTACHMENT 2 ARC1 - 16 ATTACHMENT 3 ARC1 - 17 ATTACHMENT 3 ARC1 - 18 ATTACHMENT 3 ARC1 - 19 ATTACHMENT 3 ARC1 - 20 ATTACHMENT 3 ARC1 - 21 ATTACHMENT 3 ARC1 - 22 ATTACHMENT 3 ARC1 - 23 ATTACHMENT 3 ARC1 - 24 ATTACHMENT 3 ARC1 - 25 ATTACHMENT 3 ARC1 - 26 ATTACHMENT 3 ARC1 - 27 ATTACHMENT 3 ARC1 - 28 ATTACHMENT 3 ARC1 - 29 ATTACHMENT 3 ARC1 - 30 ATTACHMENT 3 ARC1 - 31 ATTACHMENT 3 ARC1 - 32 ATTACHMENT 3 ARC1 - 33 ATTACHMENT 3 ARC1 - 34 ATTACHMENT 3 ARC1 - 35 ATTACHMENT 3 ARC1 - 36 ATTACHMENT 3 ARC1 - 37 ATTACHMENT 3 ARC1 - 38 ATTACHMENT 3 ARC1 - 39 ATTACHMENT 3 ARC1 - 40 ATTACHMENT 3 ARC1 - 41 ATTACHMENT 3 ARC1 - 42 ATTACHMENT 3 ARC1 - 43 ATTACHMENT 3 ARC1 - 44 ATTACHMENT 3 ARC1 - 45 ATTACHMENT 3 ARC1 - 46 SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS W W W W W W W W W W W W W W W W W W W W W W W W W W W W X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X W S S S S S S S S E E E E E E E E E E E E E E E E E E E E E E E E E E E TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE W W W W E E E E E E E E E E E E E E E E E E E E E E E E E E E E SS SD SD SD SD SD SD SD S D 25 2 . 6 FS 25 2 . 4 FS 25 1 . 9 FS 25 2 . 4 FS 25 2 . 6 FS 24 9 . 1 FS 24 7 . 9 FS 25 2 . 6 F F 25 2 . 4 F F 25 1 . 9 F F MAX 1.5% 25 0 . 6 FS 25 2 . 4 FS 3% 25 0 . 0 T P MA T C H E X I S T 24 7 . 5 T P MA T C H E X I S T 25 1 . 4 T P MA T C H E X I S T 25 2 . 9 T P MA T C H E X I S T 25 2 . 4 FS 25 2 . 4 FS 25 0 . 7 T W 25 0 . 0 F S 25 0 . 1 FS 8% 25 2 . 3 T W 24 9 . 6 F S 24 9 . 3 FS 24 9 . 3 FS 1 . 5 % 25 1 . 6 BS W / F L 24 8 . 0 FL 25 2 . 4 TC / F L 25 2 . 9 FS 25 1 . 4 T C MA T C H E X I S T 25 1 . 7 TC 25 2 . 2 TC 1.5% 25 2 . 4 TC 25 1 . 2 T P MA T C H E X I S T 25 2 . 7 TC 25 2 . 8 T P MA T C H E X I S T 25 1 . 0 TC 25 2 . 8 FS 25 2 . 1 FS 24 9 . 6 TC 25 0 . 4 TC 24 8 . 2 B S W MA T C H E X I S T 2% 2% 4.2% 4 . 2 % 5 % 2 % P R O P O S E D P U B L I C A C C E S S E A S E M E N T 1.5% 1.5% 25 2 . 6 FS 1.5% A s h l e y & V a n c e G , C 1 4 1 3 M o n t e r e y S t r e e t S a n L u i s O b i s p o , C A 9 3 4 0 1 ( 8 0 5 ) 5 4 5 - 0 0 1 0 ( 3 2 3 ) 7 4 4 - 0 0 1 0 w w w . a s h l e y v a n c e . c o m C I V I L S T R U C T U R A L SI T E C O N S T R U C T I O N N O T E S : DR I V E W A Y A P P R O A C H A N D R A M P P E R S A N L U I S O B I S P O C I T Y S T A N D A R D 2 1 1 0 . EX I S T I N G W A L L T O R E M A I N TR A S H E N C L O S U R E P E R S A N L U I S O B I S P O C I T Y S T A N D A R D 9 1 1 0 . VE G E T A T E D S W A L E F L O W L I N E . R O O F D R A I N S A N D D O W N S P O U T S T O B E D I R E C T E D T O W A R D S W A L E . SA N L U I S O B I S P O C I T Y S T A N D A R D S I D E W A L K P E R D E T A I L 4 1 1 0 , 4 1 2 0 A N D 4 9 1 0 . ST R U C T U R A L C O L U M N S BU I L D I N G W A L L SA W C U T A N D R E P L A C E 2 4 " M I N P A V E M E N T S E C T I O N , M A T C H E X I T I N G S T R U C T U R A L P A V E M E N T S E C T I O N . SE E S A N L U I S O B I S P O S T A N D A R D D E T A I L 7 1 1 0 F O R R E F E R E N C E . SI D E W A L K U N D E R D R A I N P E R S A N L U I S O B I S P O S T A N D A R D D E T A I L 3 4 1 5 . CU R B A N D G U T T E R P E R S A N L U I S O B I S P O S T A N D A R D D E T A I L 4 0 3 0 IN S T A L L 1 2 " C A T C H B A S I N W I T H A T R I U M G R A T E . 6" P V C S T O R M D R A I N CU R B R A M P P E R S A N L U I S O B I S P O S T A N D A R D D E T A I L 4 4 4 0 A N D A P P E N D I X A . BU S T U R N I N P E R S A N L U I S O B I S P O S T A N D A R D D E T A I L 4 9 2 0 . BU S S T O P P E R S A N L U I S O B I S P O S T A N D A R D D E T A I L 4 9 3 0 . RE S E T L I D T O G R A D E RE L O C A T E V A U L T A N D R E S E T T O G R A D E RE L O C A T E U T I L I T Y B O X A N D R E S E T L I D T O G R A D E EX I S T I N G P R O P E R T Y L I N E PR O P O S E D P R O P E R T Y L I N E PR O P O S E D S I T E R E T A I N I N G W A L L 4' P A I N T E D B I K E L I N E RE - S T R I P E C R O S S W A L K UN D E R G R O U N D R E T E N T I O N C H A M B E R S PR O P O S E D P U B L I C A C C E S S E A S E M E N T 0 10 1 0 2 0 HO R I Z O N T A L S C A L E : F E E T N CHO R R O S T R E E T FO O T H I L L B L V D 1 2 3 6 TY P 2 2 DR A I N A G E N O T E : M A J O R I T Y O F H A R D S C A P E I S C O V E R E D B Y M U L T I S T O R Y B U I L D I N G . S T O R M RU N O F F W I L L B E R O U T E D T O T H E U N D E R G R O U N D R E T E N T I O N C H A M B E R S T H R O U G H A SE R I E S O F 2 N D A N D 3 R D S T O R Y R O O F D R A I N S Y S T E M S O U T L E T T I N G T O V E G E T A D E D SW A L E S A N D S T O R M D R A I N S . S E E A R C H I T E C T U R A L P L A N F O R 2 N D A N D 3 R D S T O R Y LA Y O U T . SI T E S T A T I S T I C S : 21 , 8 7 4 S F A R E A EA R T H W O R K : 2, 0 0 0 C Y C U T 50 C Y F I L L 11 ' M A X C U T 2' M A X F I L L LI D S T O R M W A T E R R E Q U I R E M E N T S , T I E R 2 PR O J E C T U T I L I Z E S : x UN D E R G R O U N D R E T E N T I O N x DI S C O N N E C T E D D O W N S P O U T S x VE G E T A T E D S W A L E S 4 5 5 5 5 7 TY P 7 TY P 4 11 8 8 8 8 8 8 9 10 10 10 10 10 10 10 10 14 14 15 13 13 16 16 16 16 16 17 16 1818 19 19 19 19 20 20 20 21 21 22 23 23 P R O P O S E D P U B L I C A C C E S S E A S E M E N T 24 12 ST A N D A R D A B B R E V I A T I O N S : BS W B A C K O F S I D E W A L K FF F I N I S H E D F L O O R E L E V A T I O N FG F I N I S H E D G R A D E FL F L O W L I N E FS F I N I S H E D S U R F A C E TC T O P O F C U R B TG T O P O F G R A T E TP T O P O F P A V E M E N T TW T O P O F W A L L TY P T Y P I C A L 20 20 20 P R O P O S E D P U B L I C A C C E S S E A S E M E N T 25 25 25 P R O P O S E D P U B L I C A C C E S S E A S E M E N T P R O P O S E D P U B L I C A C C E S S E A S E M E N T ATTACHMENT 3 ARC1 - 47 SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS S GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS W W W W W W W W W W W W W W W W W W W W W X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X W S S E E E E E E E E E E E E E E E E E E E E E E E E E E E TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L TE L W W W W E E E E E E E E E E E E E E E E E E E E E E E E E E SS SS SS S SD SD SD SD SD SD SD S D W A s h l e y & V a n c e G , C 1 4 1 3 M o n t e r e y S t r e e t S a n L u i s O b i s p o , C A 9 3 4 0 1 ( 8 0 5 ) 5 4 5 - 0 0 1 0 ( 3 2 3 ) 7 4 4 - 0 0 1 0 w w w . a s h l e y v a n c e . c o m C I V I L S T R U C T U R A L 0 10 1 0 2 0 HO R I Z O N T A L S C A L E : F E E T N SI T E U T I L I T Y N O T E S : ME C H A N I C A L R O O M 4" F I R E W A T E R . C O N N E C T T O B U I L D I N G P E R C I T Y O F S A N L U I S O B I S P O S T A N D A R D D E T A I L 6 5 9 0 . 6" S D R 3 5 P V C S E W E R L A T E R P E R C I T Y O F S A N L U I S O B I S P O S T A N D A R D D E T A I L 6 8 1 0 . SE W E R C L E A N O U T P E R C I T Y O F S A N L U I S O B I S P O S T A N D A R D D E T A I L 6 7 1 0 . IN S T A L L N E W 1 . 5 " C O M M E R C I A L W A T E R M E T E R I N P R E V I O U S L Y A B A N D O N E D W A T E R M E T E R B O X IN S T A L L N E W 2 " D O M E S T I C W A T E R M E T E R A N D 3 / 4 " I R R I G A T I O N M E T E R P E R C I T Y O F S A N L U I S OB I S P O S T A N D A R D D E T A I L 6 2 1 0 , 6 2 2 0 , A N D 6 2 6 0 . 2" D O M E S T I C W A T E R S E R V I C E EX I S T I N G F I R E H Y D R A N T 6" S D R 3 5 P V C S T O R M D R A I N . ST O R M T E C H S C - 7 4 0 U N D E R G R O U N D S T O R A G E C H A M B E R S EX I S T I N G M A N H O L E , C L E A N O U T A N D S E W E R L O C A T E D I N T H I S A R E A N O T S H O W N I N T O P O . SE W E R T O B E A B A N D O N E D , C O N T R A C T O R S H A L L S E V E R A N D P L U G T I E - I N L O C A T I O N A T DO W N S T R E A M M A N H O L E . 1 2 2 3 4 6 5 8 8 24 7 . 6 T G 24 4 . 6 I N V 9 4 7 10 ST A N D A R D A B B R E V I A T I O N S : IN V I N V E R T TG T O P O F G R A T E GE N E R A L N O T E S : AL L E X I S T I N G U T I L I T I E S S H O W N A R E B A S E D O N T H E B E S T K N O W L E D G E A V A I L A B L E . A N Y EX I S T I N G S E W E R L A T E R A L S T O S I T E E N C O U N T E R E D D U R I N G C O N S T R U C T I O N S H A L L B E AB A N D O N E D . C O N T R A C T O R T O P O T H O L E A L L P O I N T S O F C O N N E C T I O N A N D V E R I F Y A L L CL E A R A N C E S . M A T E R I A L D E P T H A N D L O C A T I O N S H A L L B E I D E N T I F I E D B Y C O N T R A C T O R . I F TH E R E A R E A N Y D I F F E R E N C E S F R O M P L A N W I T H A N Y O F T H E S E I T E M S , E N G I N E E R O F W O R K SH A L L B E N O T I F I E D I M M E D I A T E L Y . 11 ATTACHMENT 3 ARC1 - 48 ATTACHMENT 3 ARC1 - 49 ATTACHMENT 3 ARC1 - 50 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. 20 Packet Pg. 243 ATTACHMENT 4 ARC1 - 51 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; 20 Packet Pg. 244 ATTACHMENT 4 ARC1 - 52 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 enabling 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. 20 Packet Pg. 245 ATTACHMENT 4 ARC1 - 53 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). 20 Packet Pg. 246 ATTACHMENT 4 ARC1 - 54 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 20 Packet Pg. 247 ATTACHMENT 4 ARC1 - 55 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 specific 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). 20 Packet Pg. 248 ATTACHMENT 4 ARC1 - 56 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 20 Packet Pg. 249 ATTACHMENT 4 ARC1 - 57 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 that would render the project infeasible. 20 Packet Pg. 250 ATTACHMENT 4 ARC1 - 58 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. 20 Packet Pg. 251 ATTACHMENT 4 ARC1 - 59 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. 20 Packet Pg. 252 ATTACHMENT 4 ARC1 - 60 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 20 Packet Pg. 253 ATTACHMENT 4 ARC1 - 61 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 20 Packet Pg. 254 ATTACHMENT 4 ARC1 - 62 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, visitors 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 places 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 20 Packet Pg. 255 ATTACHMENT 4 ARC1 - 63 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 Packet Pg. 256 ATTACHMENT 4 ARC1 - 64 RESOLUTION NO. 10749 (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 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: 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. R 10749 ATTACHMENT 5 ARC1 - 65 Resolution No. 10749 (2016) Findinzs for Affordable Housing Incentives: Page 2 1. 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. 2. 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. 3. 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. Findines for 40 Percent Parkine Reduction: 4. 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. 5. 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. 6. 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. Findin s for Mechanical Parki= Lifts: 7. 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. R 10749 ATTACHMENT 5 ARC1 - 66 Resolution No. 10749 (2016) Page 3 8. 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. 9. 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. 10. That, as conditioned, the mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 11. 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. 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 R 10749 ATTACHMENT 5 ARC1 - 67 Resolution No. 10749 (2016) Page 4 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 Transportation & Engineering Division prior to installation. The installation may require modifications to the existing pedestrian refuge island. R 10749 ATTACHMENT 5 ARC1 - 68 Resolution No. 10749 (2016) Page 5 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 Council Member Christianson, seconded by Council Member Rivoire and on the following roll call vote: AYES: Council Members Christianson and Rivoire, Vice Mayor Carpenter and Mayor Marx NOES: Ashbaugh ABSENT: None The foregoing resolution was adopted this 181h day of October 2016. Mayor . 1l Marx ATTEST: 1 -04J, Carrie Gallagher City Clerk APPROVED AS TO FORM: R 10749 ATTACHMENT 5 ARC1 - 69 Resolution No. 10749 (2016) Page 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this (Qt' h day of ic, _ r , -am-1 [-f . 0 Lvvt"-&UA Carrie Gallagher City Clerk R 10749 ATTACHMENT 5 ARC1 - 70