HomeMy WebLinkAboutR-10766 - Resolution denying the appeal of David Brodie and approving the development of 1042 Olive street, APPL-4010-2016RESOLUTION NO. 10766 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL FILED BY DAVID
BRODIE AND THEREBY APPROVING THE DEVELOPMENT OF A
NEW FOUR STORY MIXED-USE PROJECT INCLUDING GROUND
FLOOR COMMERCIAL/RETAIL SPACE, 17 EXTENDED -STAY HOTEL
ROOMS, AND A 25% MIXED-USE AND SHARED PARKING
REDUCTION, WITH A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE CITY
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED JANUARY
3, 2017 (1042 OLIVE STREET, APPL-4010-2016)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 3, 2016, with a three -two vote approved the project, subject to the
findings and conditions of ARC Resolution No. ARC -1026-16 pursuant to a proceeding instituted
under ARCH -2946-2016, Garcia Family Trust, applicant; and
WHEREAS, on October 13, 2016, David Brodie, the appellant, filed an appeal of the
Architectural Review Commission's action on October 3, 2016; 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 January
3, 2017, pursuant to a proceeding instituted under APPL-4010-2016, David Brodie, appellant; 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 to deny the appeal (APPL-4010-2016) of the Architectural Review Commission
decision, thereby granting final approval to the project (ARCH -2946-2016):
1. 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 complies with development
standards for the Tourist Commercial (C -T) zone, including, but not limited to,
standards for height, setbacks and lot coverage and is compatible with the scale and
character of the neighborhood comprised of restaurants, motels, and residential uses.
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Resolution No. 10766 (2017 Series)
2. The proposed project is consistent with the General Plan for this location because the
project proposes to construct a building that includes commercial and hotel uses that
are allowed within the Tourist -Commercial zone.
3. The proposed project is consistent with Land Use Element policies 3.6.2 & 3.6.2
(Tourist Commercial Uses) and 3.8.5 (Mixed Uses), because the project provides a mix
of uses within a commercial district that is appropriate and compatible with the existing
neighborhood in close proximity to major transportation corridors, such as Highway
one and 101, and transit opportunities along Santa Rosa Street.
4. The project design maintains consistency with the City's Community Design
Guidelines by providing architectural interest through the use of articulation and a
variety of building materials, and an attractive style that includes, but is not limited to,
flat roofs and metal design elements, which complements the character and scale of the
existing neighborhood.
5. The proposed height, mass and scale of the project will not negatively impact the
neighboring properties because the project respects the privacy of neighboring
buildings and protects solar access through site planning and street -yard setback.
6. As conditioned, the 25% shared/mixed-use parking reduction for the project to reduce
the required parking from 30 parking spaces to 23 parking spaces will not result in poor
on-site circulation or adversely affect the surrounding neighborhood, because the hotel
and commercial uses will have peak parking demand that will not coincide.
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,
and can be adequately served by all required utilities and public services.
SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural
Review Commission's action to approve the proposed project, hereby granting final approval of
the application ARCH -2946-2016 for a new four story Mixed -Use project including ground floor
commercial/retail space, 17 Extended -stay hotel rooms, and a 25% shared/mixed-use parking
reduction, subject to the following conditions:
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Resolution No. 10766 (2017 Series)
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. Architectural 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. 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 deemed
appropriate.
4. 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, and to ensure compliance with the requirement that peak hours will not coincide
between uses.
5. All onsite parking areas shall be open to the parking needs of both the hotel and commercial
uses. No section of parking shall be exclusively designated/reserved for any specified tenants.
6. The building shall comply with residential density standards for any room, or groups of rooms,
that are occupied by the same person, or persons, for a period lasting more than 30 consecutive
days.
7. The applicant shall submit building plans that include a trash enclosure design that is finished
with high quality materials to match the architecture of the project buildings which shall be
fully screened from upper stories with a trellis or other horizontal cover; the design of the
enclosure is subject to the Community Design Guidelines, to the satisfaction of the
Community Development Director.
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8. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Materials shall be consistent with the color and
material board submitted with Architectural Review application. The ARC recommends that
the applicant modify the proposed color palate to include additional and/or more muted
colors.
9. The ARC recommends that the applicant explore the possibility of incorporating a public art
installation to the proposed development.
10. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surround recesses and other related
window features.
11. Plans submitted for construction permits will include elevation and detail drawings of all
walls and fences. Fences, walls, and hedges will comply with the development standards
described in the Zoning Regulations (§ 17.16.050 —Fences, Walls, and Hedges).
12. The locations of all lighting, including 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 insure that light
is directed downward consistent with the requirements of the City's Night Sky Preservation
standards contained in Chapter 17.23 of the Zoning Regulations.
13. 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 shall be included to confirm that proposed screening will
be adequate. This condition applies to both initial project construction and later building
modifications and improvements.
14. 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.
15. The final landscaping plan shall incorporate additional landscaping, including tree types that
provide full canopies near the street frontage parking spaces and a landscaped island in the
front parking area to break up the line of parking.
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Resolution No. 10766 (2017 Series)
16. Planters shall be placed after each six parking spaces in any row, and at the end of each row
of parking spaces, in compliance with Parking and Driveway Standards Section 1.1 to the
satisfaction of the Community Development Director.
17. 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.
18. Any proposed signs are subject to review and approval of the Community Development
Department and subject to a sign permit. The Community Development Director shall refer
signage to the ARC if signs need an exception or appear to be excessive in size or out of
character with the project.
19. The subject property shall be maintained in a clean and orderly manner at all times; free of
excessive leaves, branches, and other landscape material. The applicant shall be responsible
for the clean-up of any landscape material in the public right-of-way.
Engineering Division — Public Works/ Community Development
20. Projects involving the construction of a new structure requires that complete frontage
improvements be installed or that existing improvements be upgraded per city standard. MC
12.16.050
21. A separate encroachment permit shall be required from Cal Trans for any construction or
construction staging within or affecting the Cal Trans right-of-way.
22. The building plan submittal shall show and label the property line dimensions and bearings.
The building footprint and required setbacks in accordance with the California Building Code
shall honor the record property line dimensions and bearings unless an alternate measured
dimension can be supported.
23. The building plan submittal shall show the new driveway approach to be upgraded to comply
with current standards. The current city and ADA standard requires a 4' accessible sidewalk
extension behind the ramp. All other driveways are to be removed and replaced with curb,
gutter, and sidewalk per City Engineering Standards.
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Resolution No. 10766 (2017 Series)
24. 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 quantity 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 material shall be approved to the satisfaction of the
Planning Division.
25. 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.
26. The building plan submittal shall include complete details of the secured bicycle storage area.
Include any specialized rack designs and clearance in accordance with City Engineering
Standards and Community Design Guidelines or as approved by the City.
27. 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. The
existing terminal joint pole shall be removed and services to the new structure shall be
underground from the existing joint pole across Olive Street. All work in the public right-of-
way shall be shown or noted.
28. The City shall review and approve the preliminary PG&E handout package prior to building
permit issuance. The City shall review and approve the final PG&E handout package prior to
building permit final.
29. The building plan submittal shall show the two existing monitoring wells to be abandoned
per City Engineering Standards.
30. 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. The building plan submittal shall show the trash enclosure to be
designed in accordance with City Engineering Standard 1010.B.
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Resolution No. 10766 (2017 Series)
31. The building plan submittal shall include a complete grading and drainage 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 accepted and conveyed along with the
improved on-site drainage. This development may alter and/or increase the storm water
runoff from this site or adjoining sites. 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.
32. The building plan submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for newly
developed sites. Include a complete Post Construction Stormwater Control Plan Template as
available on the City's Website.
33. The soils engineer shall review and provide specific recommendation regarding the proposed
stormwater and drainage strategy. The soils report shall include infiltration testing to justify
the proposed design. Otherwise provide additional storage volume in compliance with the
post construction stormwater requirements.
34. 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.
35. This development shall comply with the Waterways Management Plan. The building plan
submittal shall include a complete drainage report along with grading, drainage, and erosion
control plans in accordance with the Waterways Management Plan Volume III, Drainage
Design Manual. The drainage report shall include a summary response to all items in Section
2.3.1 of the manual.
36. The building plan submittal shall show all existing trees on the property with a trunk diameter
of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root
systems that extend onto the property shall be shown for reference. The plan shall note which
trees are to remain and which trees are proposed for removal. Include the diameter and
species of all trees. Tree canopies should generally be shown to scale for reference. The City
supports the proposed palm tree removal with the proposed compensatory tree plantings.
37. The building plan submittal shall show new street trees in accordance with City Engineering
Standards. One 15 -gallon street tree is required for each 35 linear feet of frontage. New street
tree plantings shall be located in the sidewalk area in tree wells in accordance with city
engineering standard #8130 which includes a decorative metal tree grate.
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Resolution No. 10766 (2017 Series)
Utilities Department
38. The property's existing sewer lateral to the point of connection at the City main must pass a
pipeline video inspection (visual inspection of the interior of the pipeline), including repair
or replacement, as part of the project. The pipeline video inspection shall be submitted during
the Building Permit Review Process for review and approval by the Utilities Department prior
to issuance of a Building Permit. Additional information is provided below related to this
requirement:
• The pipeline video inspection shall be submitted on USB drive and shall be in color.
• The inspection shall be of adequate resolution in order to display pipe.
• Material submitted shall include the project address and a scaled plan of the
building and the lateral location to the connection at the City sewer main.
• The inspection shall include tracking of the pipeline length (in feet) from the start
of the inspection to the connection at the City sewer main.
• It is o tp ional to provide audio on the report to explain the location, date of
inspection, and pipeline condition observations.
Code Requirements
Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's
Municipal Code. Recycled water is available through the City's Construction Water Permit
program.
Upon Motion of Council Member Christianson, seconded by Vice Mayor Rivoire, and on the
following roll call vote:
AYES: Council Members Christianson and Gomez,
Vice Mayor Rivoire
NOES: Council Member Pease, and Mayor Harmon
ABSENT: None
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Resolution No. 10766 (2017 Series)
The foregoing resolution was adopted this 3`d day of January 2017.
j�Kyor;ieidi Harmo
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS
1. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this l Q±h day $ o j -7
Carrie Gallagher
City Clerk
I'MIM170