HomeMy WebLinkAboutPC-1013-18 (USE-1187-2017 -- 790 Foothill Blvd)RESOLUTION NO. PC-1013-18
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A USE PERMIT FOR A MIXED -USE PROJECT IN THE
FOOTHILL BOULEVARD SPECIAL FOCUS AREA, AN EXTENSION OF
COMMERCIAL/RETAIL HOURS FROM 6:00 P.M. TO 10:00 P.M. AND
THE USE OF MECHANICAL PARKING LIFTS INCLUDING A
CATEGORICAL EXEMPTION FROM CEQA AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED July 25, 2018
(790 FOOTHILL BLVD, USE-1187-2017)
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
July 25, 2018 for the purpose of considering a use permit application USE-1187-2017 for a mixed -
use project in the Foothill Boulevard / Santa Rosa Special Planning Area, an extension of the
commercial/retail hours and the use of mechanical parking lifts for the proposed project at 790
Foothill Blvd; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San
Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings in support of the project approval that includes a use permit for a mixed -use project in the
Foothill Boulevard / Santa Rosa Special Planning Area, an extension of the commercial/retail
hours, and the use of mechanical parking lifts:
1. That, in light of the protections afforded by the State Housing Accountability Act and
Density Bonus Law, the project will not be detrimental to the health, safety, and welfare
of persons living or working at the site or in the vicinity.
2. As proposed, the project is consistent with the Foothill Boulevard / Santa Rosa Special
Planning Area of the Land Use Element (Policy 8.2.1) and Zoning Regulations because the
project includes a vertical mixed -use project with commercial space of the first floor and
high density residential on the upper floors.
3. The project is consistent with Land Use Element Policy 2.3.6 "Housing and Businesses"
and 3.8.5 (Mixed Uses) because the project provides residential dwellings within a
commercial district near neighborhood commercial centers, major activity nodes and
transit opportunities. Housing at this location is compatible with proposed and existing
commercial and residential uses on adjacent properties.
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4. The project is consistent with Zoning Regulations Section 17.08.072.F(2) and Table 9
because:
i. Community Commercial (C-C) zone allows mixed -use projects;
ii. The project's design protects public health, safety, and welfare; and
iii. The mixed -use project provides greater public benefits than a single -use
development of the site because it provides needed housing, it is located along
a major transit, bike, and pedestrian corridor, and is in close proximity of
workplaces, schools, health facilities, and services.
5. As conditioned, the proposed mechanical parking lifts are consistent with Zoning
regulations Section 17.16.060(D) because:
i. The use of mechanical lift parking results in a superior design and implements
City goals and policies for infill development by providing the required parking;
ii. The lifts are adequately screened;
iii. Mechanical lift parking systems complies with all development standards
including but not limited to height and setback requirements, and Parking and
Driveway Standards and provides spaces for vehicles that do not fit in the lifts;
iv. As conditioned, the mechanical parking systems will be safely operated and
maintained in continual operation with the exception of limited periods of
maintenance; and
V. There are no circumstances of the development or model of mechanical lift
system which could result in significant impacts to those living or working on
the site or in the vicinity.
6. The project is consistent with the Conservation and Open Space Element policy 4.4.3
because the project promotes higher -density, compact housing to achieve more efficient
use of public facilities and services and to improve the jobs/housing balance.
7. Commercial and retail uses on site will not negatively impact the residential uses in the
development because the proposed commercial activity is consistent with adjacent
businesses that have similar hours of operation, consistent with the LUE Policy 8.2.1, and
the businesses must adhere to the City's Noise Ordinance.
8. The proposed extended hours of operation are consistent with LUE Policy 8.2.1 because
the project will provide services that serve the residences of the project and the nearby
neighborhoods.
9. As conditioned, the proposed uses on site will not negatively impact the residential uses
in the development because the proposed commercial activity will be limited to hours of
operation consistent with specific thresholds established within the Noise Ordinance for
noise -sensitive uses, noise levels created by the uses during business hours will be within
allowable limits as described in the Municipal Code.
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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. Specifically, the project site is located in the Foothill Boulevard/Santa
Rosa Special Planning Area, as described in Section 8.2.1 of the City's General Plan Land Use
and Circulation Element ("LUCE"), and complies with the guidelines and objectives applicable to
the project site as a result of its inclusion within the Special Planning Area. Furthermore, the
project -site is zoned C-C-SF (Community Commercial), a designation that permits high -density,
mixed -use residential and commercial development, such as the project. After applying the density
bonus provided for under California Government Code Section 65915 (discussed below), the
project complies with all density limitations in the C-C-SF zone.
Pursuant to California Government Code Section 65915, the project proponent has requested two
density bonus incentives — to exceed the height limit in the C-C-SF zone by 8 feet, and to exceed
the maximum lot coverage by 15%. California Government Code Section 65915(e)(1) requires the
City to grant these incentives and prohibits an agency from applying any development standard
that will have the effect of physically precluding the construction of the residential units at the
densities authorized by California Government Code Section 65915, and Section 8.2.1 of the
LUCE specifically refers to such incentives as being a desirable mechanism for facilitating
redevelopment of the area. Pursuant to Wollmer v. City of Berkeley, 193 Cal. App. 4th 1329, 1338
(2011), inclusion of the height and lot coverage incentives and/or required relaxation of
development standards does not make the project inconsistent with applicable general plan
policies and zoning regulations.
The project site occurs on a property of no more than five acres. In fact, the project site is
approximately 1.34 acres large and the site is surrounded on all sides by urban uses, including high
density residential and commercial uses. The site is 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.
Approval of the project would not result in any significant impacts relating to traffic, noise, air
quality or water quality. With respect to traffic, a study was conducted confirming that the project
will have no significant effects. A copy of that study is available for review at the City of San Luis
Obispo via the Lead Agency Contact Person. The project will be compatible with the existing
urban environment and high -density residential and commercial surrounding uses and thus will
not present any noise issues. The project will follow all applicable air and water quality regulations.
Accordingly, there is no evidence that the project will result in any significant effects related to
noise, air quality, or water quality.
In accordance with the Berkeley Hillside Preservation v. the City of Berkeley, 60 Ca1.4" 1086
(2015) case, there are no unusual circumstances surrounding the project which would otherwise
except the project from the infill exemption. The project site is surrounded on all sides by urban
uses, including high density residential and commercial uses.
Section 3. Action. The Planning Commission does hereby approve the use permit
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application USE-1187-2017 for a mixed -use project in the Foothill Boulevard / Santa Rosa Special
Planning Area, an extension of the commercial/retail hours of operation and the use of mechanical
parking lifts for the proposed project at 790 Foothill Blvd subject to the following conditions:
I. The proposed use shall operate consistent with the project description, approved plans, and
other supporting documentation submitted with this application unless otherwise
conditioned herein.
2. Hours of operation for the commercial component of the project shall be limited to 7:00
AM to 10:00 PM, unless otherwise approved by the Community Development Director
through a separate application for extended hours for specific businesses.
3. 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.
4. 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.
5. All mechanical lift parking spaces shall be available for all residential tenants, included in
each tenant's lease agreement without additional rent or consideration, and free from
restrictions, unless otherwise specified in a trip reduction plan.
6. The property owner shall prepare a trip reduction plan, prior to building permit approval,
to include a monitoring program to evaluate the use of parking by the commercial tenants,
car ownership by residents, overall project parking demand, and the use of lifts as approved
to the satisfaction of the Community Development Director and Public Works Director.
7. The Planning Commission's determination regarding the project is conditioned upon the
City Council's approval of the 35% density bonus and two affordable housing incentives
including the construction of a 43-foot tall structure where 35 feet is normally allowed and
an increase in allowable lot coverage from 75% to 90%, which is subject to review by the
City Council under a separate application (AFFH-1518-2018).
8. Prior to issuance of a building permit, the applicant shall pay 100% of the total estimated
cost of a new 60-foot radio tower located at Fire Station No. 2 and relocation and, if needed,
replacement of any antenna and appurtenances (the "tower project"). The applicant shall
be responsible if the actual costs of construction of the tower project is greater than any
estimate. Building permits and/or certificates of occupancy may be withheld for lack of
timely payment.
9. Prior to excavation, grading operators will be informed of the previous gas station
remediation work completed. During excavation, should operators encounter any
Planning Commission Resolution No. PC- 1013-18
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hazardous spills or'stains' not previously remediated, work will stop in the immediate area.
The following agencies shall be contacted immediately to determine the appropriate course
of action: City of San Luis Obispo, County Environmental Health Division (CUPA
contact). Work may resume only upon the written approval of the appropriate regulatory
agencies.
10. Prior to issuance of a building permit, the applicant shall record a deed restriction, in a
form subject to the approval of the City Attorney, ensuring that 12 studios in the project
are only rented to very -low income households for a period of 55 years.
11. The project shall substantially comply with conditions established under Architectural
Review Commission Resolution No. ARC-1013-2018 (Application No. ARCH-1186-
2017).
12. The project shall limit the maximum number of occupants to 2 people in a studio and in a
one bedroom and no more than 4 people in a 2-bedroom unit.
13. 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.
On motion by Commissioner Jorgenson, seconded by Commissioner McKenzie, and on the
following roll call vote:
AYES: Commissioner Jorgenson, McKenzie, Dandekar, Wulkan, and Chair Fowler
NOES: Vice Chair Stephenson
ABSENT: None
The foregoing resolution was passed and adopted this day of adopted this 25th day of July, 2018.
Doug Davids96, Secretary
Planning Commission