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Home My WebLink AboutR-10957 approving density bonus for 3680 Broad Street RESOLUTION NO. 10957 (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDES A DENSITY BONUS OF 43 PERCENT,WHERE 35 PERCENT IS NORMALLY ALLOWED,AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED NOVEMBER 13,2018. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW(3680 BROAD STREET) (AFFH-1902-2018) WHEREAS, on September 24, 2018 the Housing Authority of San Luis Obispo ("HASLO"), submitted an application to request alternative incentives for affordable housing that include a forty-three (43)percent density bonus, where 35 percent is normally allowed; and WHEREAS, on April 8, 2015, 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, for the purpose of approving the use permit for a mixed-use project consisting of 4,400 square feet of commercial space and 46 affordable one, two, and three-bedroom units (USE-0809-2015); and WHEREAS, on May 4, 2015, 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, for the purpose of approving the design of a mixed-use project consisting of 4,400 square feet of commercial space and 46 affordable one,two,and three-bedroom units (ARCH-0810-2015); and WHEREAS, on October 1, 2018, the Community Development Director of the City of San Luis Obispo reviewed a modification to the project to modify the commercial structure to include nine market rate units and 3,425 square feet of commercial space(ARCH-1638-2018); and WHEREAS, on November 13, 2018, 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,pursuant to a proceeding instituted under AFFH-1902-2018; 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 WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 10957 Resolution No. 10957 (2018 Series) Page 2 SECTION 1. ��z��t� Based upon all the evidence, the City Council makes the following findings: 1. The project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed proj ect is consistent with the site's zoning designation, the approved Planning Commission use permit (USE-0809-2015) and will be subject to conformance with all applicable building, fire, and safety codes. 2. The proposed proj ect will provide quality affordable housing consistent with the intent of Chapter 17.90 of the Municipal Code. 3. The request for a density bonus is consistent with the intent of Housing Element policies 2.17, 8.1, 11.1 and program 6.19, and the alternative affordable housing incentives outlined in Section 17.90.060 of the City's Zoning Regulations. SECTION 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects, Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing developed property and is served by required utilities and public services. SECTION 3. Action. The City Council does hereby grant final approval of the project including the request for alternative incentives to provide for affordable housing that includes a density bonus of 43 percent, where 35 percent is normally allowed(AFFH-1902-2018), subject to the following conditions: Planning Department 1. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the Community Development Director and the City Council. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions,and code requirements of project approval as Sheet No. 2 (ARCH-1638-2018 & AFFH-1902-2018). Reference should be made in the margin of listed items as to where in plans requirements are addressed. 2. Prior to the issuance of building permits, the City and the project owners shall enter into an Affordable Housing Agreement in a form subject to the approval of the City Attorney and Community Development Director, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability the affordable units, to the satisfaction of the Community Development Director and City Attorney. The agreement shall also set forth those items required by Section 17.90.030(B) or any alternative incentives granted pursuant to Section 17.90.060. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner. R 10957 Resolution No. 10957 (2018 Series) Page 3 Indemnification 3. The Owner/Applicant shall defend,indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's approval of this project. Upon motion of Vice Mayor Christianson, seconded by Council Member Rivoire, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 13`h day of November�' 18, � ,u � �� ....._ ��..a_ .� .._..._..... ��..�. .�._.._ May r ��t i Harmon ATTEST: w ��V�� _� Teresa Purrington City Clerk APPROVED AS TO:�� : �"�1 � � �,"'�� ,'" _�� _�r��_�"�_�� ._._ ��..�� .�....�. ,. .�ITmmm , i��t�r�� Dietrick �� it�Attorney IN WITNESS WHEREOF, I have la�re��ra��a set r�� hand and affixed the official seal of the City of San Luis Obispo, California, this �� da of �� 2151� Y � .��.�m�.��... .___• �� .� � � � ��.�_ ...._ Teresa Purrington City Clerk R 10957