HomeMy WebLinkAboutR-11049 upholding appeal of the applicant (APPL-0393-2019), 1121 MontalbanRESOLUTION NO. 11049 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, UPHOLDING THE APPEAL OF THE
APPLICANT (APPL-0393-2019) TO REMOVE CONDITION NO. 3 THAT
PLANNING COMMISSION ADDED TO RESTRICT ACCESS TO
BEDROOMS TO A SINGLE DOOR RATHER THAN THE PROPOSED
DOUBLE DOORS; AND DENYING THE APPEAL OF THE APPELLANT
(APPL-0394-2019), THEREBY GRANTING FINAL APPROVAL OF 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 SEPTEMBER 17,
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, with a '1 -0 3 vote 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, with a 4-2-1 vote approving the project subject to the findings and conditions of
Resolution No. PC-1003-2019, pursuant to a proceeding instituted under ARCH-2008-2018 and
AFFH-2009-2018, Chris Baranek, applicant; and
WHEREAS, Damien Mavis, representing the applicant, filed an appeal of the Planning
Commission's action on May 8, 2019 (APPL-0393-2019); and
WHEREAS, David Joy , appellant , filed an appeal of the Planning Commission's action
on May 8, 2019 (APPL-0394-2019); and
WHEREAS, the City Council 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 October 1,
2019, pursuant to a proceeding instituted under APPL-0393-2019 and APPL-0394-2019, Damien
Mavis and David Joy, appellants; and
R 11049
Resolution No. 11049 (2019 Series)
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the record of the Planning Commission hearing and action, testimony of the
appellants and 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 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 uphold the applicants appeal (APPL-0393-2019) and denies the appeal of the appellant
(APPL-0394-2019) of the Planning Commission decision, hereby granting final approval to the
project (ARCH-2008-2018 and AFFH-2009-2018):
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.
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.
Resolution No. 11049 (2019 Series)
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.
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 City Council does hereby grant final
approval to the project with incorporation of the following conditions:
Resolution No. 11049 (2019 Series)
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
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 replace the fence along the west property line to
include a concrete/block wall, subject to the satisfaction of the Community Development
Director.
4. 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.
5. Prior to the issuance of a building permit, the applicant shall 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. To support the neighborhood compatibility and city-wide VMT
reduction goals, applicant shall develop and implement a Car Free program to actively
discourage car ownership, with special focus on tenants who choose not to lease on-site
parking. The program will be integrated with the Trip Reduction Plan and will promote and
support non-car transportation through education and possible incentives.
6. 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.
7. 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.
Resolution No. 11049 (2019 Series)
8. Plans submitted for a building permit shall provide bike storage for the second and third floor
units to be located on the ground floor, subject to the satisfaction of the Community
Development Director.
9. 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 the
satisfaction of the Public Works and Community Development Directors.
I 0. 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
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.
11. 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
12. 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.
13. 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.
14. 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.
Resolution No. 11049 (2019 Series)
15. The design of proposed structure will incorporate site planning measures and noise
attenuating construction techniques that reduces noise exposure to acceptable levels.
Exposure in outdoor activity areas must not exceed 65 dB and indoor exposure must not
exceed 45 dB consistent with the City's Noise Ordinance. Plans submitted for construction
permits must clearly indicate and describe noise attenuation measures, techniques, and
materials, and demonstrates their compliance with noise levels limits.
16. 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.
17. Plans submitted for a building permit shall identify parking that is to be provided as
"unbundled", subject to approval by the Community Development Director. 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 have an equal
opportunity to rent a parking space on the same terms and conditions as offered to renters of
other dwelling units.
18. 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.
19. 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 ofland use. The Director may refer signage
to the ARC if it seems excessive or out of character with the project.
Affordable Housing -Community Development
20. 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
21. 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.
22. Any sections of damaged or displaced curb, gutter and sidewalk shall be repaired or replaced
to the satisfaction of the Public Works Department.
Resolution No. 11049 (2019 Series)
23. Curb, gutter, and street grades shall be established by the engineer ofrecord 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.
24. 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.
25. 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.
26. The project frontage improvements shall conform to the City Engineering Standards. The
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.
27. 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
28. 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.
29. 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.
30. 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 101 O.B and shall be included in the Post Construction
Stormwater Regulation compliance summary
31. 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.
32. 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.
Resolution No. 11049 (2019 Series)
33. 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.
34. The building submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for developed
sites. The building plan submittal shall include a complete Post Construction Stormwater Plan
Checklist as available on the City's website.
35. 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.
36. 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.
37. 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.
38. 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
39. 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.
40. 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.
41. 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.
42. 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.
43. Building permit submittal shall clarify size of existing and proposed water services and water
meters for the project.
44. The project's Landscape Plan shall be consistent with provisions of the maximum applied
water allowance or (MAW A).
Resolution No. 11049 (2019 Series)
45. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per the
requirements of the San Luis Garbage Company.
46. 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
em1ss1ons.
47. 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
48. 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
49. 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
50. Prior to the issuance of building permits, the applicant shall be responsible for paying current
Citywide Traffic Impact Fees.
Resolution No. 11049 (2019 Series)
Indemnification
51. 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.
Upon motion of Council Member Christianson, seconded by Vice Mayor Pease,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Christianson, Gomez, Stewart, Vice Mayor Pease
and Mayor Harmon
None
None
The foregoing resolution was adopted on October 1, 2019.
Mayor
ATTEST:
(_~Nl~HJ-c~,
Teresa Pumngton
City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and a fixed the official s eal of the City
of San Luis Obispo, California, this I I It day of , 2...0 lq .
Teresa Purrington
City Clerk