HomeMy WebLinkAboutPC-1006-2019 (ARCH-0022-2019 and AFFH-0328-2019 -- 3214 Rockview Pl.)RESOLUTION NO. PC-1006-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING THE DEVELOPMENT OF A TWO NEW RESIDENTIAL
STRUCTURES CONSISTING OF TEN ONE -BEDROOM UNITS,
INCLUDING A 35% DENSITY BONUS FOR DEDICATION OF ONE UNIT
AS "VERY LOW INCOME", TWO AFFORDABLE HOUSING
INCENTIVE REQUESTS INCLUDING A FRONT SETBACK EXCEPTION
OF TEN FEET AND A SIDE SETBACK EXCEPTION OF 7.5 FEET,AND A
CREEK SETBACK EXCEPTION OF NINE FEET, WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
JULY 10, 2019 (3214 ROCKVIEW, ARCH-0022-2019 & AFFH-0328-2019)
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 June 3, 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-0022-2019, Anthony Aurignac, 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 10, 2019, pursuant to a proceeding instituted under ARCH-0022-2018 and AFFH-0328-2019,
Anthony Aurignac, 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-0022-2019 and AFFH-0328-2019), 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 2.2.7 "Neighborhood Enhancement"
because the project includes infill development consisting of additional residential units and
rehabilitation of the residential units existing on site.
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3. The project is consistent with Land Use Element Policy 2.4.2 "Density Bonuses" because the
project includes affordable housing for lower income households consistent with the
requirements of state law.
4. The project is consistent with the Housing Element policies and programs (6.10 and 6.17)
because the project consists of residential infill development.
5. 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.
6. As conditioned, the project is consistent with the Zoning Regulations, since the proposed
building design complies with property development standards for height, coverage, and
parking, for the Medium Density Residential (R-2) zone.
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 and is designed consistent with the
prevailing setback pattern of the neighborhood (CDG, Chapter 5.3 & 5.4).
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. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the street's appearance because the development is designed
in a manner that maintains a two-story appearance near the street frontage and does not
deprive reasonable solar access to adjacent properties by positioning the majority of the
building mass along the southern property line where seasonal shadows are less impactful,
and by providing a high -quality and aesthetically pleasing architectural design.
10. The proposed height, mass and scale of the project is necessary to provide dwelling units to
be dedicated affordable for "very -low" income households.
Density Bonus and Alternative Incentives Findings
11. The proposed project will provide a quality affordable housing unit 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 the affordable
housing.
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12. 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.
13. The reduction in development standards for the location of residential units will not
negatively alter the overall character of the neighborhood because other residential
developments in the area have been built with or received approval for reductions in front and
side setbacks.
Creek Setback Exception Findings
14. The proposed creek setback of nine feet, where 20 feet is normally required, is consistent with
section 17.70.030.G of the Zoning Regulations because:
a. The location and design of the feature receiving the exception will minimize
impacts to scenic resources, water quality, and riparian habitat, including
opportunities for wildlife habitation, rest, and movement, because the site has been
previously disturbed by the development of the existing structures, which are less
than ten feet from the top of bank.
b. The exception will not limit the City's design options for providing flood control
measures that are needed to achieve adopted City flood policies because the creek
is seasonal and not located in a flood zone.
c. The exception will not prevent the implementation of City -adopted plans, nor
increase the adverse environmental effects of implementing such plans because the
setback area on the site is previously disturbed by existing structures and other
improvements
d. There are circumstances applying to the site, such as size, shape, or topography,
which do not apply generally to land in the vicinity with the same zoning, that
would deprive the property of privileges enjoyed by other property in the vicinity
with the same zoning because the creek bisects the property and other developments
in the vicinity have received creek setback exceptions.
e. The exception will not constitute a grant of special privilege —an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning because other developments in the vicinity have received creek setback
exceptions for development.
f. The exception will not be detrimental to the public welfare or injurious to other
property in the area of the project or downstream because the creek is seasonal and
is not within a flood zone.
g. Site development cannot be feasibly accomplished with a redesign of the project
because the location of parking and proposed structures utilizes all the developable
area on site.
h. Redesign of the project would deny the property owner reasonable use of the
property because it is reasonable that the property can be used for residential
development that includes a very low-income affordable housing density bonus
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without causing an adverse impact.
15. This requirement for a biological survey has been waived by the Director, with input from
the Natural Resources Manager, because no purpose would be served by such a survey, as
the site that has been previously disturbed and no biological resources could be affected by
granting the exception.
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
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-0022-2019. 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. 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.
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.
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4. Plans submitted for a building permit shall clearly depict the location of all required short and
long-term bicycle parking, plans submitted for construction permits shall include bicycle
lockers or interior space within each residential unit 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.
5. 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.
6. 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
7. 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.
8. The final building plans shall include details on retaining wall and fence heights near the
northern property line in relation to the neighboring residential unit. Plans shall clearly show
how the height of the fence will prevent vehicle headlights from disturbing the neighboring
residence. Plans shall also include details on reinforcement of fence or other barrier that will
prevent vehicles from traveling past the edge of the parking lot onto the neighboring property.
A separate submittal will be required for fencing with a combined retaining wall and fence
height of more than nine feet.
9. Plans submitted for a building permit shall minimize the amount of interior fencing between
buildings to allow for better circulation and access by residents to natural amenities such as
the creek, to the satisfaction of the Community Development Director.
10. 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.
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11. The final building plan shall identify at least one Electric Vehicle ready parking space and at
least four Electric Vehicle capable spaces consistent with section 17.72.040 of the Zoning
Regulations.
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.
Affordable Housing — Community Development
13. 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 unit 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
14. Projects involving the construction of new structures require that complete frontage
improvements be installed or that existing improvements be up graded per city standards. MC
12.16.050
a. The existing driveway approach shall be replaced or upgraded to the current city
and ADA standard. The current standard includes a 4' wide ADA disabled access
sidewalk extension behind the driveway ramp. Show compliance with the current
standards or note that the approach shall be altered or replaced per city standard
#2110.
b. Show and label the new 6' integral sidewalk per city standard #4110.
c. Sidewalk transition- Construct transition between existing and proposed sidewalk
per city of SLO section 73. Contractor to grind finish transition between new and
existing sidewalk if deemed necessary by the City Engineer.
15. Any sections of damaged or displaced curb, gutter and sidewalk shall be repaired or replaced
to the satisfaction of the Public Works Department
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16. The existing water & sewer easement shall be abandoned, unless otherwise waived by the
utilities department.
17. The building plan 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. All
new electrical service wiring and telecom wiring shall be underground
18. The existing overhead wire utilities including electrical service, phone, and cable TV serving
the existing units shall be placed underground. The undergrounding of utilities shall be
completed without a net increase in the number of required wood utility poles.
19. Verify with P.G. & E. whether a service upgrade is required. Preliminary memo needs to be
approved by the engineer of record and the City. Final P.G. & E. handout package shall be
approved by the City.
20. Provide separate engineering drawings or a composite utility plan from P.G. & E.,
ATT/PacBell, and Charter for the new wire utilities if necessary. If these plans are not
available, note on the cover sheet of the plans and utility plan(s) that "The engineered utility
plans will be a deferred submittal item. The engineered utility plans shall be submitted to the
engineer of record to review for conformance with the approved plans. The deferred
submittal items shall be forwarded to city for review and approval prior to commencing with
any on -site or off -site utility construction.".
21. The building submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for developed
sites. Provide a complete Post Construction Stormwater Plan Checklist as available on the
City's website.
22. 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.
23. The existing sewer and water mains located in the existing frontage easement shall be
relocated out into the street. Service mains in the street require a separate P.I.P. (public
improvement plan) per City Standards.
24. Separate plan review fees and inspection fees will be applied for P.I.P.
25. Curb grades shall be restored across the project frontage, alteration beyond project frontage
may be required. Grade and line shall be established by the developer for any new curb and
gutter to the satisfaction of the Public Works Director. The developer is responsible for any
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required engineering and/or surveying.
26. The building plan submittal shall show the location of the proposed mail receptacles or
mailbox unit (MBU) to the satisfaction of the Postmaster and the City Engineer. Provide a
mailbox unit or multiple units to serve all dwelling units in this development as required by
the Postmaster. MBU's shall not be located within the public right-of-way or public sidewalk
area unless specifically approved by the City Engineer. Contact the Postmaster at 543-2605
to establish any recommendations regarding the number, size, location, and placement for
any MBU's.
27. The building plan submittal shall note on the site/utility plan that the water service piping and
water meter shall be sized in accordance with the approved fire sprinkler plans.
28. Show relocation of parking lot lights on site plan.
29. Show all required or proposed parking lot improvements, lot dimensions, space dimensions,
materials, space and aisle slopes, drainage, pavement markings, signage, and striping in
accordance the with Parking and Driveway Standards and disabled access requirements of
the CBC. The parking and driveway standards are available from the Community
Development Department or are available with the Engineering Standards.
30. Work adjacent to or within a channel or creek may require the approvals of California
Department of Fish and Wildlife (CDFW), The Army Corp of Engineer's, and/or the Regional
Water Quality Control Board. A copy of any required permits or a written permit waiver or
exemption for the same shall be provided to the City prior to demolition, grading, and/or
building permit issuance.
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 building plan submittal shall include a complete grading and drainage plan for this
project.
33. The engineer of record shall evaluate the existing stormdrain for maintenance. Clarify if
sediment removal will be required. Unless otherwise waived, the block gravity wall needs to
be removed and replaced per City Standards.
34. Slope banks shall be restored to their natural state. Head cut in open channel shall be
stabilized.
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35. The building plans submittal shall note on the site/grading plan that "All improvements
located within the creek setback area shall only be commenced with the approval and over-
sight by the city's Natural Resource Manager. Contact Natural Resource Manager, Bob Hill
at (805) 781-7211 two working days prior to start of work."
36. This development shall comply with the Waterways Management Plan. Provide a complete
drainage summary report along with grading, drainage, and erosion control plans in
accordance with the Waterways Management Plan Volume III, Drainage Design Manual.
The drainage report shall include a summary response to all items in Section 2.3.1 of the
manual.
37. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required. The scope of the study must include analysis of
all existing public and private drainage facilities and creek capacities between this property
and an adequate point of disposal. Detention facilities may be required. All proposed
detention basin and drainage improvements, except those within a public street, shall be
privately owned and maintained by the property owner and homeowners' association.
38. The City Engineer shall be supplied with hydraulic calculations from a registered civil
engineer indicating the effects of this project on adjacent properties during a 100-yr storm in
accordance with the Drainage Design Manual of the Waterways Management Plan.
Calculations shall summarize any expected rise in the 100-yr storm water surface elevation.
The floodplain shall not be modified in ways that increase water velocities such that stream
bank erosion will be increased. Provide analysis and/or an opinion statement from the project
engineer regarding velocities and bank erosion. Existing watershed drainage reports may be
available upon request.
39. The proposed outlet to drainage system shall consider jurisdictional permit requirements.
40. The fire hydrant relocation spacing shall comply with City Standards.
41. The applicant should make all reasonable efforts to relocate the existing Oak Trees to be
removed. If necessary, the City supports the removals with compensatory plantings.
42. The building plan submittal shall show all required street trees. Street trees are generally
required at a rate of one- 15 -gallon street tree for each 35 linear feet of frontage. Tree species
and planting requirements shall be in accordance with City Engineering Standards and shall
incorporate the use of structural soils.
Utilities Department
43. 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.
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44. 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.
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. 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.
Indemnification
47. 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 Stevenson, seconded by Commissioner Jorgensen, and on the
following roll call vote:
AYES: Commissioners Jorgensen, Stevenson, Vice -Chair Dandekar and Chair Wulkan
NOES: None
REFRAIN: Commissioner McKenzie
ABSENT: Commissioners Kahn and Quincey
The foregoing resolution was passed and adopted this 1 Oth day of July, 2019.
Shaw - a Scott, Secretary
Planning Commission