HomeMy WebLinkAboutPC-1056-2022 (ARCH-0516-2021 and SBDV-0515-2021 -- 3474 and 3490 Empressa Dr.)RESOLUTION NO. PC-1056-22
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING REVIEW OF A NEW TWO-STORY
PROJECT CONSISTING OF 16,741 SQUARE FEET OF COMMERCIAL
SPACE, THE PROJECT INCLUDES AN EXCEPTION TO THE FRONT
YARD SETBACK, LOT COVERAGE LIMITATIONS, AND A 10%
PARKING REDUCTION. PROJECT IS CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE
STAFF REPORT AND ATTACHMENTS DATED MARCH 23, 2022 (3474 &
3490 EMPRESA DRIVE, ARCH-0516-2021 & SBDV-0515-2021)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on November 15, 2021, recommending the Planning
Commission find the project consistent with the Community Design Guidelines and Higuera
Commerce Park Specific Plan, pursuant to a proceeding instituted under ARCH-0516-2021,
Richard Paul, applicant; and
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web based
public hearing on February 28, 2022, recommending the Planning Commission find the project
consistent with the Tree Ordinance, pursuant to a proceeding instituted under ARCH-0516-2021,
Richard Paul, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on March 23, 2022, pursuant to a proceeding instituted under ARCH-0516-
2021 & SBDV-0515-2021, Richard Paul, 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; and
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-0516-2021 & SBDV-0515-2021), based on the following findings:
1. The project is consistent with the City’s General Plan Land Use Element which establishes
Community Goals for Society and Economy in order to retain and accommodate the
expansion of existing development which promote the economic well-being of the
community. The project proposes to construct a structure that can be utilized by businesses
consistent with uses envisioned by the Services and Manufacturing District.
2. As conditioned, the project is consistent with the Zoning Regulations for development in
the Commercial Services (C-S) zone, since the proposed building design complies with
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objective design criteria and performance standards for commercial development that
provides for uses that are consistent with the intent of C-S zone.
3. As conditioned, the project is consistent with the Community Design Guidelines and
Higuera Commerce Park Specific Plan, for commercial design because the architectural
style is complementary to the surrounding neighborhood and provides 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 3.1).
Development Review Findings
4. The Architectural Review Commission reviewed the project on November 15, 2021 and
recommended finding the project consistent with the City’s Community Design Guidelines
and Higuera Commerce Park Specific Plan that are applicable to the project in the C-S
zone. The ARC recommended final approval to the Planning Commission as presented.
5. 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 3.1).
6. 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 does not deprive reasonable solar access to adjacent properties.
The project incorporates vertical and horizontal wall plan offsets, which provide a high-
quality and aesthetically pleasing architectural design.
Front Yard Setback Exception Findings
7. Granting of the street setback reduction of 15 feet, where 20 feet is normally required under
the Higuera Commerce Park Specific Plan will not alter the overall character of the
neighborhood or the street’s appearance because the requested exceptions are minor and
will not deprive any adjacent properties from reasonable solar access. The exception is
consistent with the intent of the Zoning Regulations and the General Plan for development
within the C-S zone.
8. No useful purpose would be realized by requiring the full street setback because no
significant fire protection, emergency access, privacy or security impacts would occur, and
the exception is consistent with the character of the neighborhood where the average
setback is less than 15 feet in the immediate vicinity for properties with the same zoning.
9. The proposed setback does not create or contribute to any adverse effects on surrounding
properties because the project is consistent with the neighborhood prevailing setback
pattern that will have no greater effect on traffic, vehicular or pedestrian safety, noise,
aesthetic, or lighting that would be inconsistent with development opportunity of
neighboring properties.
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10. Site design characteristics and existing improvements make strict adherence to the Zoning
Regulations impractical due to the design guidelines that call for prominent entry features,
the project nonetheless conforms with the intent of the Zoning Regulations because:
Zoning Regulations Section 17.70.170.D.2.a (Setbacks, Exceptions to Setback
Requirements, Discretionary Exceptions, Reduced Front and Street Side Setbacks) which
allows for the Director’s discretion to reduce the street side setbacks to 10 feet for
structures; the request for the 15-foot setback is consistent with the neighborhood because
several adjacent structures were developed and approved with street setbacks of less than
15 feet.
Parking Reduction Findings
11. As conditioned, the project qualifies for a 10 percent parking reduction in accordance with
Zoning Regulations Section 17.72.050.B for shared parking facilities and is consistent with
the Institute of Transportation Engineers Parking Demand, where the peak hours of use
will not overlap or coincide to the degree that peak demand for parking spaces from all
uses or projects will be greater than the total supply of spaces.
Lot Line Adjustment Findings
12. The lot line adjustment is consistent with the City’s Zoning Regulations and Building
Code, and complies with the City's Subdivision Regulations and the State Subdivision Map
Act because it will not create a greater number of lots than previously existed and the
resulting parcels exceed the minimum lot area and dimensions required for the C-S zone.
13. The modified parcels will not be detrimental to the health, safety, or welfare of persons
living or working at the site or in the vicinity because the modified parcels are consistent
with parcel design that is consistent with minimum lot area, and setbacks.
14. The modified lot lines do not alter an existing public right-of-way.
15. The lot line adjustment does not result in the creation of a nonconforming parcel nor
increase the nonconformity of an existing parcel.
SECTION 2. Environmental Review. The lot line adjustment is categorically exempt from
environmental review under the California Environmental Quality Act (CEQA) per Guidelines
Section 15305 as it is a minor lot line adjustment not resulting in the creation of any new parcels.
The project is also categorically exempt from the provisions of CEQA because it consists of the
development of the project site consistent with policies and standards applicable to development
within the commercial zones, on a site less than five acres in size, with no value as habitat for
endangered, rare, or threatened species, as described in State CEQA Guidelines Section 15332
(Infill Development). The site is within City limits and is served by City utilities and public
services. Based on the project site’s existing topography and location, and project size and design,
approval of the project will not result in any significant effects related to traffic, noise, air quality,
or water quality.
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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 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 Planning Commission (ARCH-
0516-2021 & SBDV-0515-2021). 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 and
may be subject to review by the 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 the Development Review application.
3. Plans submitted for a building permit shall include recessed window details or equivalent
shadow variation, and all other details including but not limited to awnings, cornices, 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.
4. Plans submitted for a building permit shall clearly depict the location of all required electric
vehicle (EV) ready and EV capable parking required for non-residential uses. Sufficient detail
shall be provided about the placement and design of EV equipment and raceway for future
supply, to the satisfaction of the Chief Building Official and the Community Development
Director.
5. 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, and/or each business license, to ensure
the site does not become under-parked.
6. All surface parking spaces must be available for common use and not exclusively assigned to
any individual use.
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7. Plans submitted for a building permit shall clearly depict the location of all required short and
long-term bicycle parking for all intended uses, plans submitted for construction permits shall
include bicycle lockers or interior space. Short-term bicycle racks such as “Peak Racks” shall
be installed in close proximity to, and visible from, the main entry into the buildings (inverted
“U” rack designs shall not be permitted). 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.
8. 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.
9. Mechanical and electrical equipment shall be located internally to the building to the greatest
extent possible. 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
consistent with §17.70.200 of the Zoning Regulations. 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. The applicant shall submit a landscaping plan containing an irrigation system plan with
submittal of working drawings for a building permit. 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. The surfaces and
finishes of hardscapes shall be included on the landscaping plan.
12. Plans submitted for construction permits shall include elevation and detail drawings of all
walls and fences. Fences, walls, and hedges will comply with the development standards
described in the Zoning Regulations (§17.70.070 –Fences, Walls, and Hedges).
13. 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
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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.
14. Any new proposed signage 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 Architectural Review Commission for review if it seems excessive or out of character
with the project.
Housing Programs – Community Development Department
15. Prior to the issuance of building permits, the applicant shall pay the required Inclusionary
Housing In-lieu fee.
City Arborist – Public Works
16. Prior to building permit issuance, the applicant shall obtain a tree removal permit from the
Urban Forestry Division for the removal of the on-site trees.
17. Plans submitted for a building permit shall provide replanting of 14 new trees, with 50% of
all new tree plantings to be of a native species. The replanting plans shall also provide 50%
of all new tree plantings of a minimum size of 36-inch box, and all remaining trees shall be a
minimum size of 15-gallon, subject to the satisfaction of the City Arborist and Public Works
Director.
Engineering Division – Public Works/Community Development
18. The building plan submittal shall show and note compliance with all requirements and
conditions of the Lot Line Adjustment (LLA) entitlement per SBDV-0515-2021.
19. Unless otherwise approved for deferral by the Building Official/Fire Marshal, the LLA shall
be recorded prior to building permit issuance.
20. The building plan submittal shall show and label all property lines, dedications, public
easements, and private easements in accordance with the Lot Line Adjustment SBDV-0515-
2021. The building plans shall show and label all existing and proposed survey
monumentation for reference. The plan shall note the required monument preservation or
replacement for any disturbed monuments
21. Projects involving the construction of new structures requires that complete frontage
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improvements be installed, or that existing improvements be upgraded per city standard
Municipal Code 12.16.050.
22. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director. Contact the Engineering
Division at the Community Development Department to set up a site visit to discuss sections
be repaired or replaced. All areas to be repaired or replaced shall be shown on the building
plan submittal for reference.
23. The building plan submittal shall include a complete site utility plan. All existing and
proposed utilities along with utility company meters shall be shown. Existing underground
services shall be shown along with any proposed alterations or upgrades. Wire services to
the new structures shall be underground. All work in the public right-of-way shall be shown
or noted.
24. 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 comply with the City
Engineering Standard 1010.B regarding water quality treatment prior to discharge to the
storm drain system or gutter.
25. 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 neighboring high point
elevation or grade break at the yard areas and drainage arrows to show historic drainage and
any run-on. Show all existing and proposed drainage courses, pipes and structures; indicate
the size, type and material.
26. The building plan submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for redeveloped
sites. Include a complete Post Construction Stormwater Control Plan Template as available
on the City’s Website.
27. The project drainage report and plans shall include analysis of the run-on from the adjacent
property to the north. The project plans shall show how the tributary run-on will be collected
and conveyed in a non-erosive manner to new or existing drainage outlets. The PCR
compliance strategy shall fully treat any run-on unless collected and conveyed to by-pass the
project site. Contact this office to discuss any options regarding partial treatment of the run-
on.
28. An operations and maintenance manual will be required for the post construction stormwater
improvements. The manual shall be provided at the time of building permit application and
shall be accepted by the City prior to building permit issuance. A private stormwater
conveyance agreement will be required and shall be recorded prior to building permit
issuance.
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29. 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
30. The proposed tree removals are supported by the City with the compensatory tree planting as
shown and conditioned. Street trees are generally required at the rate of one street tree for
each 35 lineal feet of street frontage.
31. The building plan submittal shall show all existing trees to be removed and trees to be retained
and compensatory plantings. The plan shall show any neighboring trees with canopies/root
zones within the area of construction disturbance. Tree preservation measures shall be shown
and noted on the building plans to the satisfaction of the City.
Utilities Department
32. If commercial uses in the project include food preparation, provisions for grease interceptors
and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided
with the design. These types of facilities shall also provide an area inside to wash floor mats,
equipment, and trash cans. The wash area shall be drained to the sanitary sewer.
33. Plans submitted for a building permit shall identify a solid waste enclosure that
accommodates up to three waste streams (trash, recycling, and organic waste), subject to the
satisfaction of the Utilities Director.
Lot Line Adjustment – Engineering & Fire
34. The lot line adjustment (LLA) shall be finalized with either a parcel map or a lot line
adjustment agreement. The parcel map preparation and documentation shall be in accordance
with the City’s Subdivision Regulations, Engineering Standards, and the Subdivision Map
Act. The parcel map shall use U.S. Customary Units in accordance with the current City
Engineering Standards. If the agreement is pursued, the applicant shall submit a "Declaration
of Lot Line Adjustment," along with recording and processing fees and an 8½ x 11 map
exhibit suitable for recording, to the Engineering Development Review Division for review,
approval, and recordation, based on samples available in the Community Development
Department.
35. The parcel map or lot line adjustment agreement exhibits and legal descriptions shall be
prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice
land surveying.
36. A beneficiary consent to LLA shall be recorded concurrent with or prior to recordation of the
LLA agreement or parcel map, if applicable.
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37. A separate application, checklist, supporting documents, and a review fee shall be submitted
to the Engineering Division to process the final action and recordation(s) related to the
preliminary lot line adjustment map.
38. The submittal shall include a current title report. An electronic copy of the title report with
embedded links to referenced documents is preferred. If not available, the submittal shall
include a copy of each of the pertinent referenced documents.
39. Any easements including but not limited to provisions for all public and private utilities, wire
utilities, access, grading, drainage, slope banks, construction, common driveways, and
maintenance of the same shall be shown on the map and/or shall be recorded separately prior
to or concurrent with the map or LLA Agreement recordation as applicable. Said easements
may be provided for in part or in total as blanket easements.
40. In the absence of a blanket easement, a detailed exhibit of all utilities and utility company
meters will be required. Specific easements may be proposed to follow existing or proposed
utility locations. Building permits may be required for utility upgrades and/or relocations. If
required, said permits shall be issued based on plans approved by the Building Division.
Permits authorizing any required work shall receive final inspection approvals to the
satisfaction of the Building Official prior to recordation of the map or Lot Line Adjustment
Agreement, if applicable.
41. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility
relocations or easements, if applicable, shall be shown to comply with all codes and
ordinances for all properties included on the map or Lot Line Adjustment Agreement to the
satisfaction of the Building Official.
42. Exterior wall rating and fire riser relocation shall be completed prior to map recordation.
Indemnification
43. 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 Hopkins, seconded by Commissioner Dandekar, and on the
following roll call vote:
AYES: Commissioners Dandekar, Francis, Hopkins, Wulkan, Vice-Chair Quincey and
Chair Jorgensen
NOES: None
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REFRAIN: None
ABSENT: Commissioner Kahn
The foregoing resolution was passed and adopted this 23rd day of March, 2022.
_____ ________________________
Tyler Corey, Secretary
Planning Commission