HomeMy WebLinkAbout05-08-2019 Item 1, BellMEMORANDUM
DATE:
TO:
BY:
FROM:
SUBJECT:
May 7, 2019
Planning Commission
Kyle Bell, Associate Planner
Michael Codron, Community Development Director
Item #1 ARCH-2008-2018 (1121 Montalban) - Modification to the Draft
Resolution to address bedroom partitions.
DISCUSSION
The draft resolution of the Agenda Report for ARCH-2008-2018 (1121 Montalban) included
Condition No. 4 which states;
4.Plans submitted for a building permit shall not provide for bedroom partitions within any
of the residential units, subject to the satisfaction of the Community Development Director.
This condition was provided out of response from ARC direction intended to address parking for
the property, where the assumption was that partitions would increase the occupancy of a unit
resulting in a higher parking demand. This assumption was identified as inconsistent with the
Uniform Housing Code and the Density Bonus Law. In the case of Briseno v. City of Santa Ana a
City is preempted by the Uniform Housing Code in establishing occupancy limits. The occupancy
standards under the Uniform Housing Code is 150 square feet of net floor space for the first two
occupants and 100 square feet of net floor space for each additional occupant thereafter. The
Uniform Housing Code occupies this area of law and the City cannot establish more restrictive
standards. Furthermore, the Density Bonus Law Section 65915(p)(1) states that the City shall not
require vehicle parking that exceeds the following ratios; zero to one bedroom: one onsite parking
space, two to three bedrooms: two onsite parking spaces. The proposed partitions do not qualify
as additional bedrooms under the California Building Code, or the City’s Zoning Regulations.
In summary, the partitions that are used as privacy screens in the proposed project do not constitute
walls that create additional bedrooms in the project. Therefore, the partitions do not increase the
occupancy or the number of bedrooms in the project under the Zoning Regulations and Building
Code and do not result in additional parking requirements. Staff recommends elimination of
Condition No. 4 of the Draft Resolution to be consistent with the Uniform Housing Code, Density
Bonus Law, the Housing Accountability Act, and other recently approved projects.
ATTACHMENTS
1.Revised Draft Resolution
RESOLUTION NO. PC-XXXX-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING THE DEVELOPMENT OF A THREE-STORY MIXED-USE
DEVELOPMENT CONSISTING OF 15 RESIDENTIAL UNITS AND 430
SQUARE FEET OF COMMERCIAL SPACE. THE PROJECT INCLUDES
TWO AFFORDABLE HOUSING ALTERNATIVE INCENTIVE
REQUESTS FOR A DENSITY BONUS OF 97.5 PERCENT AND RELIEF
OF SITE DEVELOPMENT STANDARDS TO ALLOW GROUND FLOOR
RESIDENCES WITHIN THE FIRST 50 FEET OF FLOOR AREA
ADJACENT TO THE STREET. THE PROJECT IS CATEGORICAL
EXEMPT FROM ENVIRONMENTAL REVIEW. AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MAY 8, 2019 (1121
MONTALBAN, ARCH-2008-2018 & AFFH-2009-2018)
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 April 1, 2019, recommending approval of the project with direction to the
Planning Commission for consistency with the Community Design Guidelines, pursuant to a
proceeding instituted under ARCH-2008-2018, Chris Baranek, 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
May 8, 2019, pursuant to a proceeding instituted under ARCH-2008-2018 and AFFH-2009-2018,
Chris Baranek, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval to the
project (ARCH-2008-2018 and AFFH-2009-2018), based on the following findings:
1. As conditioned, 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 respects site constraints and
will be compatible with the scale and character of the neighborhood.
2. 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.
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 2
Housing at this location is and can be compatible with the proposed and existing commercial
uses on-site and on adjacent properties.
3. The project is consistent with the Housing Element because the project provides a variety of
residential types, sizes, and style of dwellings (HE Goal 5), and encourages the development
of housing above ground-level commercial uses (HE 5.3).
4. 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 City’s jobs/housing balance.
5. As conditioned, the project is consistent with the Zoning Regulations, since the proposed
building design complies with all property development standards including height, setbacks,
coverage, floor area ratio, density, and parking for the Tourist Commercial (C-T) zone.
6. As conditioned, the project is consistent with the Zoning Regulations for Mixed-Use Projects
(Section 17.70.130), since the proposed building design complies with objective design
criteria and performance standards for mixed-use development.
Architectural Review Findings
7. As conditioned, the project is consistent with the Community Design Guidelines for multi -
family housing design and Infill Development because the architectural style is
complementary to the surrounding neighborhood designed consistent with the prevailing
setback pattern of the neighborhood, with parking provided interior to the site.
8. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to the
building design that are compatible with the design and scale of the existing structures in the
surrounding neighborhood (CDG, Chapter 5.3).
9. As conditioned, the project respects the privacy of adjacent residences through appropriate
building orientation and windows that minimize overlook and do not impair the privacy of
the indoor or outdoor living space of neighboring residential structures.
10. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the streets appearance because the development is designed
in a manner that does not deprive reasonable solar access to adjacent properties by positioning
the majority of the building mass along the street frontage and toward commercial properties
that incorporates vertical and horizontal wall plan offsets providing a high-quality and
aesthetically pleasing architectural design.
11. The proposed height, mass and scale of the project is necessary to provide additional dwelling
units to be dedicated affordable for “very-low” income households.
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 3
Density Bonus and Alternative Incentives Findings
12. The proposed project will provide quality affordable housing consistent with the intent of
Chapter 17.140 of the Zoning Regulations, and the requested density bonus and reduction to
site development standards are necessary to facilitate the production of affordable housing
units.
13. The requests for a density bonus and reduction to site development standards for location of
residential units are consistent with the intent of Housing Element programs 2.17, 6.10, and
6.19, and the alternative affordable housing incentives outlined in Section 17.140.070 of the
Zoning Regulations.
14. The reduction in development standards for the location of residential units will not
negatively alter the overall character of the neighborhood or the streets appearance because
primary commercial activities in the neighborhood are oriented toward Santa Rosa Street
rather than Montalban, and residential uses on the ground floor along the street frontage is
consistent and compatible with the existing neighborhood pattern and necessary to provide
for the density bonus and required affordable housing.
SECTION 2. Environmental Review. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) 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 and is served by required utilities and public services. The project has been
reviewed by the City Public Works Department, Transportation Division, and no significant traffic
impacts were identified, based on the size and location of the project.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission (PC) hereby grants
final approval to the project with incorporation of the following conditions:
Planning Division
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the PC (ARCH-2008-2018). 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.
2. Demolition of the existing building shall not commence until a permit has been issued by the
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 4
building official. The applicant shall comply with Municipal Code Chapter 15.04
Construction and Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving
of Buildings, including but not limited to, the following: the applicant shall provide evidence
that for a period of not less than 90 days from date of permit application, the building was
advertised in a local newspaper on at least 3 separate occasions not less than 15 days apart,
as available to any interested person to be moved, and submit historic documentation for the
structure.
3. Plans submitted for a building permit shall provide an entry oriented toward the primary street
frontage for the residential unit on the ground floor along Montalban Street, the entry shall
provide design details in the form of a stoop, overhangs, or front porch fronting the primary
street, subject to the satisfaction of the Community Development Director.
4. Prior to the issuance of a building permit, the applicant is encouraged to provide a Trip
Reduction Plan to reduce vehicle trips to and from the property, the plan shall clearly identify
the responsibility for monitoring and reporting the progress of the Trip Reduction Program to
the satisfaction of the Community Development Director and the Transportation Division.
The Trip Reduction Plan shall be clear on the performance measures, how they will be
monitored/measured.
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. Plans submitted for a building permit shall include recessed window details and all other
details including but not limited to awnings, and railings. Plans shall indicate 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, surrounds recesses and other related
window features. Plans shall demonstrate the use of high-quality materials for all design
features that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
7. Plans submitted for a building permit shall clearly depict the location of all required short and
long-term bicycle parking for residential and commercial uses, plans submitted for
construction permits shall include bicycle lockers or interior space within each residential unit
or parking area for the storage of at least two bicycle per residential unit. Sufficient detail
shall be provided about the placement and design of bike racks and lockers to demonstrate
compliance with relevant Engineering Standards and Community Design Guidelines, to t he
satisfaction of the Public Works and Community Development Directors.
8. Plans submitted for building permit shall include a photometric plan, demonstrating
compliance with maximum light intensity standards not to exceed a maintained value of 10
foot-candles. 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
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 5
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 ensure that light
is directed downward consistent with the requirements of the City’s Night Sky Preservation
standards contained in Chapter 17.70.100 of the Zoning Regulations.
9. 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 adequately screen
them. A line-of-sight diagram may be required to confirm that proposed screening will be
adequate. This condition applies to initial construction and later improvements
10. The storage area for trash and recycling cans shall be screened from the public right -of-way.
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.
11. 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.
12. 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.
13. Prior to building occupancy, the owner of the property shall provide a Residential Noise
Notice in writing for residential occupants stating that the property is located within a
commercial zone in an urban-type environment and that noise levels may be higher than a
strictly residential area.
14. Plans submitted for a building permit shall identify parking that is to be provided as
“unbundled”. Unbundled parking shall be leased separately from the rental fees for dwelling
units for the life of the dwelling units, such that potential renters have the option of renting a
residential unit at a price lower than would be the case if there were a single price for both
the residential unit and the parking space. Renters of onsite inclusionary affordable units shall
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 6
have an equal opportunity to rent a parking space on the same terms and conditions as offered
to renters of other dwelling units.
15. 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.
16. Any new proposed signage or murals shall be reviewed by the Planning Division to ensure
appropriateness for the site and compliance with the Sign Regulations. Signage shall
coordinate with building architecture and the type of land use. The Director may refer signage
to the ARC if it seems excessive or out of character with the project.
Affordable Housing – Community Development
17. Prior to issuance of building permits, the city and the project owners shall enter into an
Affordable Housing Agreement, to be recorded in the office of the county recorder. The
agreement shall specify mechanisms or procedures to assure the continued affordability and
availability of the very-low income households resulting in two density units consistent with
Table 8-3 of the Zoning Regulations (§17.140.040.E), to the satisfaction of the Community
Development Director.
Engineering Division – Public Works/Community Development
18. Projects involving the construction of new structures require that complete frontage
improvements be installed and that existing improvements be up graded per City Engineering
Standards. MC 12.16.050.
19. Any sections of damaged or displaced curb, gutter and sidewalk shall be repaired or replaced
to the satisfaction of the Public Works Department.
20. Curb, gutter, and street grades shall be established by the engineer of record and shall conform
to the existing curb grade to the west. The design for project frontage shall include analysis
of the existing curb grades located to the east and shall consider and honor the ultimate grades
for the gap in curb and gutter.
21. The proposed frontage improvements shall include a sidewalk transition to the adjoining
grade. An AC swale and/or berm/mountable berm may be required to control the street
drainage captured by the frontage improvements.
22. The developer/contractor shall provide reasonable notice to the adjoining property owner with
an option for participating in the completion of curb and gutter (optional sidewalk) to control
drainage.
23. The project frontage improvements shall conform to the City Engineering Standards. The
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 7
architectural, civil, and landscape plans shall all agree on the sidewalk width and
configuration. Detached sidewalk with a transition to the full width commercial sidewalk
section to the west is the preferred standard. Integral sidewalk, if proposed shall be first
approved by the City.
24. Development of the driveway and parking areas shall comply with the Parking and Driveway
Standards for dimensions, maneuverability, slopes, drainage, and materials. pervious paving
materials are recommended for surface parking lots for water quantity and/or quality control
purposes and within the area of the root zone/tree canopy of existing and proposed tree
plantings
25. The building submittal shall include a complete site utility plan. The utility plan shall show
all existing and proposed on-site and off-site utilities. Show the location of all overhead and
underground utilities along with the location of any utility company meters. Show all existing
and proposed improvements located within the public right-of-way if applicable.
26. New wire utility services including electrical service, phone, and cable TV shall be placed
underground. The undergrounding of utilities shall be completed without a net increase in
the number of required wood utility poles.
27. 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. Drainage from the trash enclosure shall be treated in accordance
with City Engineering Standard 1010.B and shall be included in the Post Construction
Stormwater Regulation compliance summary
28. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. Show and label the high point elevation or
grade break at the yard areas and drainage arrows to show the proposed drainage. Include the
FF of the residence/garage, patio finish surface elevations, finish grade elevations, and yard
drainage.
29. The project drainage report and plans shall include analysis of the run-on from the adjacent
property to the east including any street drainage. The project plans shall show how the
tributary run-on will be collected and conveyed in a non-erosive manner.
30. The drainage report and plans shall show and note the historic drainage outlet to the existing
developed property to the south. The plans shall clarify how sheet flow will be induced to
replicate the historic drainage. The post-development flows shall not exceed the pre-
development flows for the 2 through 100-year storm events. Otherwise, the drainage shall be
conveyed through an easement or shall be collected and discharged to the street.
31. The building submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for developed
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 8
sites. The building plan submittal shall include a complete Post Construction Stormwater
Plan Checklist as available on the City’s website.
32. The building plan submittal shall include an operations and maintenance manual as required
for the Post Construction Stormwater improvements. A private stormwater conveyance
agreement will be required and shall be recorded prior to final inspection approvals.
33. The proposed tree removals are supported by the City with the tree planting /mitigation
planting as shown on the plans. Street trees are generally required at the rate of one street
tree for each 35 lineal feet of street frontage.
34. The building plan submittal shall show and label the existing Oak Trees to remain. The site
development plan, foundation/wall plans, and utility plans shall limit the amount of
disturbance within the root zone/tree canopy of the trees to remain.
35. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures to be
incorporated into the building plans. A pre-construction meeting with the City Arborist shall
be scheduled prior to building demolitions, tree removals, site grading, wall construction, and
building construction.
Utilities Department
36. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained, and shall have reasonable alignments
needed for maintenance of public infrastructure along public roads.
37. The property’s existing sewer lateral to the point of connection at the City main must pass a
video inspection, including repair or replacement, as part of the project. The CCTV 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.
38. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded prior
to issuance of a Building Permit.
39. The project’s commercial and residential uses shall be metered separately. A separate water
meter shall be provided for each new parcel per Chapter 16.20.020.E of the City's Municipal
Code. The City's meters must be placed per the Engineering Standards, and a new 2" service
main shall be constructed for the proposed meter manifold.
40. Building permit submittal shall clarify size of existing and proposed water services and water
meters for the project.
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 9
41. The project’s Landscape Plan shall be consistent with provisions of the maximum applied
water allowance or (MAWA).
42. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per the
requirements of the San Luis Garbage Company.
43. Management of refuse generations for waste, recyclables, and organics shall comply with
state law per AB 1826, and the local waste management ordinance to reduce greenhouse gas
emissions.
44. Recycled water, or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available from
the City’s Utilities Department.
Urban Forest Services (City Arborist) – Public Works
45. Tree removal permit is required from the City Arborist. Contact the City Arborist to
coordinate a site inspection and to verify tree removal permit application requirements. The
tree removal permit shall be issued prior to building permit issuance. Otherwise, the building
plans shall be revised to show tree preservations and/or removals.
Transportation Division – Public Works
46. Red curb paint shall be installed and maintained by the applicant or property owner along
each side of the site access driveway as follows:
• Painting shall extend 22’ to the left (north) of the driveway
• Painting shall extend 10’ to the right (south) of the driveway
47. Prior to the issuance of building permits, the applicant shall be responsible for paying current
Citywide Traffic Impact Fees.
Indemnification
48. 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.
On motion by Commissioner ___________, seconded by Commissioner _____________,
and on the following roll call vote:
Resolution No. PC-XXXX-19
1121 Montalban Street, ARCH-2008-2018 & AFFH-2009-2018
Page 10
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 8th day of May, 2019.
_____________________________
Xzandrea Fowler, Secretary
Architectural Review Commission