HomeMy WebLinkAboutR-10976 DENYING AN APPEAL (FILED BY FOOTHILL BLVD CIVIL DEFENSE) 790 Foothill Blvd APPL-1971-2018RESOLUTION NO. 10976 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED BY FOOTHILL
BLVD CIVIL DEFENSE) APPROVING A DENSITY BONUS AND
WAIVERS OF DEVELOPMENT STANDARDS, AND THE USE PERMIT
APPROVAL FOR A NEW FOUR-STORY MIXED-USE PROJECT WITH
6,800 SQUARE FEET OF GROUND FLOOR COMMERCIAL/RETAIL
SPACE, 78 RESIDENTIAL UNITS, AND 155 PARKING SPACES WITH A
REQUEST FOR MECHANICAL PARKING LIFTS AND EXPANDED
HOURS OF OPERATION FOR THE COMMERCIAL SPACES WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED JANUARY 15, 2019 (790 FOOTHILL BLVD.,
APPL-1971-2018)
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 July 16, 2018, with a three -two vote approving the design of the project,
subject to the findings and conditions of ARC Resolution No. ARC -1013-2018 pursuant to a
proceeding instituted under ARCH -1186-2017, LR Development Group, applicant; and
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, with a five -one vote approving the use permit for the project for a mixed-use project
in the Foothill Boulevard I Santa Rosa Special Planning Area, an extension of the
commercial/retail hours and the use of mechanical parking lifts, subject to the findings and
conditions of PC Resolution No. PC -1013-18 pursuant to a proceeding instituted under USE -
1187 -2017, LR Development Group, applicant; and
WHEREAS, on August 6, 2018, Foothill Blvd Civic Defense, the appellants, filed an
appeal of the Planning Commission's action on July 25, 2018; 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
15, 2019, pursuant to a proceeding instituted under APPL-1971-2018, Foothill Blvd Civic
Defense, 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
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NOW, THEREFORE, BE IT RESOLVED by the City 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-1971-2018) of the Planning Commission decision
and approving a density bonus per Government Code sections 65915(b), (f)(2) and a waiving
modifications of development standards per Government Code section 65915(e)(1), thereby
granting final approval to the project (USE -1187-2017):
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.
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. That per Government Code § 65300.5, the General Plan and elements thereof comprise an
integrated, internally consistent and compatible statement of policies and that this project is
consistent with those policies, including Conservation and Open Space Policies 9.1.5 and
9.2.1 regarding view protection and Housing Element Policy 8.2.1 establishing the Foothill
Boulevard/Santa Rosa Area Special Focus Area in that, overall view protection through the
Foothill corridor is achieved through denser development in certain infill sites.
4. As proposed the project is consistent with Housing Element Polices 8.1 and 11.1 because the
project encourages the development of housing production for all financial strata of the City's
population, intermixes and does not segregate by economic status and encourages housing
development that meets a variety of housing needs.
5. 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.
6. 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.
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7. 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.
8. The project is consistent with the Conservation and Open Space Element policy 4.4.3 because
the project promotes higher -density, compact housing in limited areas to achieve more
efficient use of public facilities and services and to improve the jobs/housing balance.
9. 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 Land Use Element Policy 8.2.1, and
the businesses must adhere to the City's Noise Ordinance.
10. The proposed extended hours of operation are consistent with Land Use Element Policy 8.2.1
because the project will provide services that serve the residences of the project and the
nearby neighborhoods.
11. 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.
12. The waiver of development standards, namely, a 43 -foot tall structure where 35 feet is
normally allowed and an increase in allowable lot coverage from 75% to 90% are required in
order to physically allow the construction of the project at the density allowed for this project
under the Density Bonus Law.
SECTION 2. Environmental Review. The City Council hereby determines that 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),
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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
waivers of certain development standards, i.e. 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) 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 Land Use Element
specifically refers to such waivers 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 waivers to height and lot coverage requirements 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 CalAth 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. Based on the foregoing findings and evidence in the record, the
City Council does hereby deny the appeal of the Planning Commission's action to approve the
design of the proposed project and hereby approves the density bonus per Government Code
sections 65915(b), (f)(2) and the waivers of development standards per Government Code
65915(e)(1), thereby granting final approval of the application APPL-1971-2018 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:
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1. 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 proposed structure shall not exceed 43 feet in height and 90% lot coverage (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 or other designated site 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 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.
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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 proposed project shall implement Project #4 of the Bishop Peak & Pacheco Elementary
Safe Routes to School Plan at the intersection Foothill & Broad/Chorro, Installing Bike Lane
Extensions and green bike lane/turn box treatments thru the Foothill & Broad/Chorro
Intersection approaches/departures. This project is included in the Citywide Transportation
Impact Fee Program under Projects #38 & #39 and is there for eligible for Transportation
Impact Fee crediting up to the amount being collected through the fee program.
14. Applicant agrees to provide additional improvements to public facilities in excess of
otherwise applicable project requirements in an amount not to exceed $150,000, which may
include, but not limited to, one or more of the following:
• One Additional Street Light beyond the Project Frontage on Foothill between
Broad & Ferrini.
• One Additional Street Light beyond the Project Frontage on Foothill between
Chorro & Santa Rosa
• Expand undergrounding of overhead utilities on Chorro
■ Implement Safe Routes to School Plan Project of Green Bike Lanes Across
Driveways beyond Project Frontage on Foothill between Broad & Ferrini
• Initiate Parking Permit District Process in vicinity & If approved fund first year of
permit costs.
• Decorative Brick Pavers in the High Visibility Crossings.
• Painting Signal Poles Dark Green W/ Decorative Bases.
In the event Applicant is required to defend against any legal challenge to any project
approval, Applicant shall be relieved of any obligations agreed to as part of this condition.
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15. 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.
Upon Motion of Council Member Christianson, seconded by Vice Mayor Pease, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15th day of January 2019.
f
r
M or eWHarmo
ATTEST:
Teresa Purrington, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this Z" day dF _.
Teresa Purrington, City Cl k
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