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HomeMy WebLinkAboutR-10771 - Resolution denying appeal filed by Lydia Mourenza & Richard Racouillat for 22 ChorroRESOLUTION NO. 10771 (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED BY LYDIA MOURENZA & RICHARD RACOUILLAT) THEREBY APPROVING THE DESIGN 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, AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED FEBRUARY 7, 2017 (22 CHORRO STREET, APPL-4278-2016) WHEREAS, on October 18, 2016, the City Council approved a Use Permit (USE -2882-2016) for a new mixed use project with 27 units a maximum height of 43 -feet (where normally 35 feet is allowed), a 40% parking reduction, and the use of mechanical parking lifts; and 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 December 5, 2016, with a four -one vote approving the design of the project, subject to the findings and conditions of ARC Resolution No. ARC -1027-16 pursuant to a proceeding instituted under ARCH -2794-2016, San Luis Development Group, LLC, applicant; and WHEREAS, on December 14, 2016, Lydia Mourenza and Richard Racouillat, the appellants, filed an appeal of the Architectural Review Commission's action on December 5, 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 February 7, 2017, pursuant to a proceeding instituted under APPL-4278-2016, Lydia Mourenza and Richard Racouillat, the appellants; 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, and 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-4278-2016) of the Architectural Review Commission decision, thereby granting final approval to the project (ARCH -2794-2016): R 10771 Resolution No. 10771 (2017 Series) Page 2 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 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. On October 18, 2016, per City Council Resolution No. 10749 (2016 Series), the project was determined to be statutorily exempt under Section 15195 and categorically exempt under Class 32, In -Fill Development Projects; Section 15332 of the CEQA Guidelines. A Notice of Exemption was filed on December 12, 2016 as Document No. 40- 12122016-260 in the San Luis Obispo Clerk Recorder's Office. Design approval of the project does not change the project in a manner that would impact that previous determination. SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural Review Commission's action to approve the design of the proposed project, thereby granting final approval of the application APPL-4063-2016 for new four-story mixed-use project with ground floor commercial/retail space, 27 residential units, and mechanical parking lifts, subject to the following conditions: 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. R 10771 Resolution No. 10771 (2017 Series) Page 3 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 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 gaphic 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. R 10771 Resolution No. 10771 (2017 Series) Page 4 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. 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 required 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. R 10771 Resolution No. 10771 (2017 Series) Page 5 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. 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. R 10771 Resolution No. 10771 (2017 Series) Page 6 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 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. R 10771 Resolution No. 10771 (2017 Series) Transportation — Public Works Department Page 7 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 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. R 10771 Resolution No. 10771 (2017 Series) Utilities Department Page 8 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 17.07.070.0 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 on the property. Any existing laterals identified during project construction must be abandoned at the City main consistent with City standards. 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 and Mayor Harmon NOES: None ABSENT: None RECUSED: Council Member Pease R 10771 Resolution No. 10771 (2017 Series) Page 9 The foregoing resolution was passed and adopted this 7th day of February, 2017. � M or fleidi Harr on ATTEST: & Carrie Gallagher City Clerk APPROVED AS TO FORM IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this$qday of fibrZ10 --� - Carrie Gallagher City Clerk R 10771