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HomeMy WebLinkAbout03-08-2023 PC Agenda Packet Planning Commission AGENDA Wednesday, March 8, 2023, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, City facilities will be at limited capacity and masks are strongly recommended. Planning Commission meetings can be viewed remotely on Channel 20 and the City’s YouTube Channel: http://youtube.slo.city INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline will not be processed until the following day. Public Comment during the meeting: Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. Pages 1.CALL TO ORDER Chair Kahn will call the Regular Meeting of the Planning Commission to order. 2.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA At this time, people may address the Commission about items not on the agenda. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. 3.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Planning Commission to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 3.a CONSIDERATION OF MINUTES - FEBRUARY 22, 2023 PLANNING COMMISSION MINUTES 5 Recommendation: To approve the Planning Commission Minutes of February 22, 2023. 4.PUBLIC HEARINGS Note: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 4.a 830 ORCUTT RD. (USE0-0680-2022) REQUEST TO ESTABLISH A HOTEL USE, CONSISTING OF THREE (3) GUEST SUITES IN A MIXED-USE DEVELOPMENT, THAT OPERATES DAILY FOR TWENTY-FOUR HOURS A DAY 9 Recommendation: Adopt the Draft Resolution approving the project, based on the findings and subject to the conditions of approval. The project is categorically exempt from environmental review under Sections 15301 (Existing Facilities) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines. 5.COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Receive a brief update from Deputy Community Development Director Tyler Corey. 6.ADJOURNMENT The next Regular Meeting of the Planning Commission is scheduled for March 22, 2023 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES for the hearing impaired--see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Planning Commission meetings are televised live on Charter Channel 20 and on the City's YouTube Channel: http://youtube.slo.city. Agenda related writings or documents provided to the Planning Commission are available for public inspection on the City’s website: https://www.slocity.org/government/mayor-and- city-council/agendas-and-minutes. 1 Planning Commission Minutes February 22, 2023, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Planning Commissioners Present: Commissioner Justin Cooley, Commissioner Dave Houghton, Commissioner Bob Jorgensen, Vice Chair Michael Hopkins (one vacant seat) Planning Commissioners Absent: Commissioner Juan Munoz-Morris, Chair Steve Kahn City Staff Present: Community Development Director Michael Codron, Deputy Community Development Director Tyler Corey, Deputy City Attorney Sadie Symens, Megan Wilbanks, Deputy City Clerk _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on February 22, 2023 at 6:03 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Vice Chair Hopkins. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 3. CONSENT 3.a CONSIDERATION OF MINUTES - FEBRUARY 8, 2023 PLANNING COMMISSION MINUTES Motion By Commissioner Houghton Second By Commissioner Cooley To approve the Planning Commission Minutes of February 8, 2023. Ayes (4): Commissioner Cooley, Commissioner Houghton, Commissioner Jorgensen, and Vice Chair Hopkins (one vacant seat) Absent (2): Commissioner Munoz-Morris, and Chair Kahn CARRIED (4 to 0) Page 5 of 28 2 4. PUBLIC HEARINGS 4.a REVIEW OF A DRAFT ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A DOWNTOWN FLEXIBLE DENSITY PROGRAM Housing Coordinator Kyle Bell and Housing & Policy Program Manager Teresa McClish presented the staff report and responded to Commission inquiries. Vice Chair Hopkins opened the Public Hearing. Public Comments: Jim Dantona Damien Mavis Miles Couch Steve Delmartini Remington Wolf Kimmie Nguyen --End of Public Comment-- Vice Chair Hopkins closed the Public Hearing. Motion By Commissioner Jorgensen Second By Commissioner Cooley Adopt the Draft Resolution recommending the City Council introduce and adopt an Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate the Downtown Flexible Density Program for qualifying residential projects. "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO INCLUDE INCORPORATE A DOWNTOWN FLEXIBLE DENSITY PROGRAM FOR QUALIFYING RESIDENTIAL PROJECTS. PROJECT IS CONSISTENT WITH THE PREVIOUS MITIGATED NEGATIVE DECLARATION FOR THE 2018 COMPREHENSIVE ZONING REGULATIONS UPDATE AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED FEBRUARY 22, 2023 (DOWNTOWN CORE; CODE-0017-2023)" with the following amendments: Page 6 of 28 3  Planning Commission Resolution, SECTION 2, shall be amended to read: Based on the foregoing, the City Council does hereby will consider adopt adopting the Addendum to the Initial Study Negative Declaration that was prepared for the Comprehensive Zoning Regulations Update for the Downtown Flexible Density Program, at their Regular Meeting on March 21, 2023, as provided in Exhibit A.  Encourage staff to present additional options to the City Council to consider reducing or eliminating parking requirements for qualifying units under the program. Ayes (4): Commissioner Cooley, Commissioner Houghton, Commissioner Jorgensen, and Vice Chair Hopkins (one vacant seat) Absent (2): Commissioner Munoz-Morris, and Chair Kahn CARRIED (4 to 0) 5. COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Deputy Community Development Director Tyler Corey provided an update of upcoming projects.  On March 8, 2023, the Planning Commission will review a Use Permit for a project located at 830 Orcutt Road (USE-0680-2022).  Tentatively scheduled for the March 22, 2023 meeting, the Planning Commission will receive the General Plan Annual Report. Vice Chair Hopkins announced that he will be resigning from the Planning Commission effective February 23, 2023. The Planning Commission will have two vacant seats until the annual Advisory Body Recruitment period is closed (March 21, 2023). 6. ADJOURNMENT The meeting was adjourned at 7:21 p.m. The next Regular Meeting of the Planning Commission is scheduled for March 8, 2023 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. _________________________ APPROVED BY PLANNING COMMISSION: XX/XX/2023 Page 7 of 28 Page 8 of 28 PLANNING COMMISSION AGENDA REPORT SUBJECT: REQUEST TO ESTABLISH A HOTEL USE, CONSISTING OF THREE (3) GUEST SUITES IN A MIXED-USE DEVELOPMENT, THAT OPERATES DAILY FOR TWENTY-FOUR HOURS A DAY PROJECT ADDRESS: 830 Orcutt Road BY: Hannah Hanh, Associate Planner Phone Number: (805) 781-7432 Email: hhanh@slocity.org FILE NUMBER: USE-0680-2022 FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt the Draft Resolution approving the project, based on the findings and subject to the conditions of approval. The project is categorically exempt from environmental review under Sections 15301 (Existing Facilities) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines. SITE DATA Applicant Zone General Plan Land Use Site Area Project Area Environment al Status 830 Orcutt, LLC Service Commercial (C-S) Services and Manufacturing (SM) 0.56 acres 1,500 square foot building Categorically exempt from environmental review under CEQA Guidelines Sections 15301 (Existing Facilities) and 15332 (In-Fill Development Projects) SUMMARY 830 Orcutt, LLC (Applicant) applied for a Conditional Use Permit to establish a hotel use that would operate daily for twenty-four hours a day in the commercial building of a mixed- use development at 830 Orcutt Road between McMillan Avenue and Duncan Road. The project is a boutique hotel that provides a contactless hospitality experience and consists of three (3) guest suites in an approximate 1,500 square foot, single-story building. The mixed-use development is currently under construction and associated site improvements such as surface parking spaces and access would be shared between all uses. Additionally, tenant improvements would be required to create the three (3) guest suites in the project building. Meeting Date: 3/8/2023 Item Number: 4a Time Estimate: 30 minutes Page 9 of 28 Item 4a USE-0680-2022 (830 Orcutt Road) Planning Commission Report – March 8, 2023 1.0 PLANNING COMMISSION’S PURVIEW The Planning Commission’s role is to review the project for consistency with the General Plan, Zoning Regulations, and applicable City development standards and regulations. Per Table 2-1 (Uses Allowed by Zone), a hotel use requires approval of a Conditional Use Permit to operate in the C-S Zone. In addition, hours of operation outside of 7:00 a.m. to 8:00 p.m. for the commercial component of a mixed-use development require approval of a Minor Use Permit per Section 17.70.130(F)(4)(b) (Hours of Operation – All Other Zones that Allow Mixed-Use Projects). 2.0 PROJECT INFORMATION 2.1 Site Statistics Present Development and Uses Mixed-use development, consisting of one (1) commercial building and three (3) residential buildings that are under construction Topography Relatively flat, creek habitat along the east property line Access Orcutt Road Surrounding Zones and Uses North: M Zone / light manufacturing and storage uses South: C-C-PD and R-4-PD Zones / residential uses East: C-S Zone / warehouse, distribution, office, bar/tavern, and alcohol production uses West: C-S Zone / light manufacturing and recreational uses 2.2 Site Background and Project Description On December 9, 2020, the Planning Commission reviewed and approved the request to construct a mixed-use development consisting of 15 residential units, 1,500 square feet of commercial space, a density bonus, and various reductions or waivers to development standards at 830 Orcutt Road (ARCH-0764-2019, AFFH-0210-2020, and USE-0209- 2020) (Resolution No. PC-1028-2020, Minutes). The development is currently under construction and site improvements such as surface parking spaces and access would be shared between all uses. Approval of this mixed -use development includes the construction of three (3) residential buildings and one (1) commercial building, which the Applicant is proposing to utilize for the hotel use. The proposed hotel does not include any changes to the approved building location or construction of additional building square footage. The project is a 24-hour boutique hotel consisting of three (3) guest suites in an approximate 1,500 square foot, single-story building. Proposed operations would utilize a contactless system, where guests reserve, pay, check-in and check-out, and request for assistance without in-person interactions with hotel staff. Guests would make a reservation online; receive emails for information on hotel processes, rules, and Page 10 of 28 Item 4a USE-0680-2022 (830 Orcutt Road) Planning Commission Report – March 8, 2023 regulations; access the room with a security code; and contact a 24 -hour hotline for maintenance requests and nuisance reports. All necessary information would be provided electronically and physically in the guest suites. No onsite employees are proposed, and general housekeeping and maintenance services would be regularly fulfilled by independent contractors on a contract basis. 3.0 PROJECT ANALYSIS Approval of the Conditional Use Permit to establish the hotel use and allow daily, twenty- four hour operation is subject to requirements outlined in Section 17.110.060 (Criteria for Approval) and Section 17.110.070 (Required Findings) for consistency with the General Plan and Zoning Regulations and for compatibility with existing and future land uses in the vicinity. Staff has evaluated the project against applicable policies and standards and found it to be in compliance as discussed in this analysis. 3.1 Consistency with the General Plan and Zoning Regulations The project site is located in the Services and Manufacturing (SM) Land Use Designation and Service Commercial (C-S) Zone, which are intended for a wide range of service uses that meet needs of the City and demands of the region. As proposed, the project would facilitate Community Goal No. 27 of the Land Use Element and be consistent with the purpose of the Land Use Designation and Zone by providing a lodging option for those visiting the City and/or region. Since the project will operate within a previously approved building with no changes to location or additional square footage, development standards related to setbacks, height, lot coverage, and floor area ratio outlined in Section 17.36.020 (Development Standards) remain unchanged for the commercial building. The project was evaluated for consistency with the original mixed -use development approval and for compatibility with the residential uses in the development. No conflicts with the original conditions of approval or design were identified. Additionally, th e project would comply with applicable performance standards in Section 17.70.130(F) (Mixed-Use Developments – Performance Standards) for nonresidential uses and be compatible with the neighboring residences in this development as discussed below. Lighting Section 17.70.100 (Lighting and Night Sky Preservation) requires all outdoor lighting fixtures be shielded and directed downward to minimize spillover and operated with the minimum intensity necessary for safety and security. The Applicant is required to submit a building permit for the tenant improvements to create the guest suites. As part of the building permit review, proposed lighting improvements will be evaluated and verified for compliance with lighting requirements in this preceding section. Therefore, the proposed hotel would not result in adverse impacts related to lighting. Noise Chapter 9.12 (Noise Control) requires all activities operate in compliance with defined noise levels and in a manner that does not constitute a public nuisance. The project is a small-scale operation consisting of three (3) guest suites that are less than 500 square Page 11 of 28 Item 4a USE-0680-2022 (830 Orcutt Road) Planning Commission Report – March 8, 2023 feet each, does not include outdoor amenities, is prohibited from having amplified sounds outdoors, and is subject to compliance with noise requirements in this preceding chapter (Condition No. 4). As conditioned, the hotel would not result in adverse impacts related to noise. Air Quality and Odors The project does not include use of mechanical equipment or involve operations that produce air pollutant emissions or odors. Therefore, the proposed hotel would not result in adverse impacts to air quality or emit odors. Hours of Operation To ensure commercial uses do not negatively impact residential uses within a mixed-use development, hours of operation outside of 7:00 a.m. to 8:00 p.m. for the commercial component require approval of a Use Permit per Section 17.70.130(F)(4)(b) (Hours of Operation – All Other Zones that Allow Mixed-Use Projects). The Applicant is requesting to operate daily for twenty-four hours a day to implement typical hotel operations, which include overnight accommodations throughout the entire week. To address any potential impacts related to noise, parking, etc. on the neighboring residences, the project is conditioned to retain a responsible party that is available via telephone for twenty-four hours a day to respond to any emergencies or nuisance complaints (Condition No. 3). The contact information for the responsible party shall be made available to hotel guests and residents living in the neighboring units. Additionally, amplified sounds are not permitted outdoors (Condition No. 4). Parking A 10 percent parking reduction, in exchange for replacement bicycle parking, was included as part of the original approval for the mixed -use development. Since the site consists of multiple uses that have varying peak hours of use, it was determined peak parking demand would not overlap or coincide to exceed the 32 spaces provided onsite. Per Table 3-4 (Parking Requirements by Use), a multi-unit residential use requires 0.75 space per bedroom (no less than one (1) space per dwelling unit), plus one (1) guest parking space per five (5) dwelling units, and a hotel use requires one (1) space per room. The entire development includes 15 multi-family residential units and three (3) hotel rooms, which would require a total of 28 spaces, or 25 spaces with the 10 percent reduction applied. Of the 32 spaces provided onsite, there are four (4) surface parking spaces that would be shared by guests for the hotel and residences (Resolution No. PC-1028-2020). To ensure parking availability when the hotel use is occurring, one (1) parking space for each reserved guest suite shall be available for hotel guests between the hours of 4:00 p.m. and 11:00 a.m. for the length of their stay (Condition No. 5). These hours align with typical check-in and check-out times and would allow for overnight parking by hotel guests. As conditioned, all uses would be sufficiently served by onsite parking and the proposed Page 12 of 28 Item 4a USE-0680-2022 (830 Orcutt Road) Planning Commission Report – March 8, 2023 hotel would not result in a parking deficiency for the site. 4.0 ENVIRONMENTAL REVIEW The project is categorically exempt from provisions of CEQA as described in Sections 15301 (Existing Facilities) and 15332 (In-Fill Development) of the CEQA Guidelines. The project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation of a three-room hotel use in, and minor tenant improvements to, the commercial building of a mixed-use development that was previously approved and is currently under construction. The Planning Commission’s review and approval of the mixed-use development (ARCH-0764-2019, AFFH-0210- 2020, and USE-0209-2020) on December 9, 2020 included a determination that the proposed development is categorically exempt. Required construction permits have since been obtained and the mixed-use development, including the commercial building that is proposed for hotel use, is under construction. The hotel use does not include any changes to the location of the commercial building or construction of additional square footage. Therefore, the project involves no expansion to the previously approved commercial building. The project is also exempt under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines because it is consistent with the General Plan land use designation, applicable General Plan policies, and Zoning Regulations; is located on a project site within City limits that is less than five (5) acres in size (0.56 gross acre); is surrounded by other urban uses (e.g., existing residential, commercial recreational, light manufacturing, storage, etc. uses); and is not a habitat for endangered, rare, or threatened species because the use will operate within the commercial building of a mixed-use development. Approval of the project will not result in any significant effects related to (a) traffic because the project is limited to three (3) guest suites, would not exceed the trip threshold (i.e., less than 110 daily vehicle trips) anticipated for Small Development Projects per the CEQA Guidelines, and would be sufficiently served by onsite parking spaces; (b) noise because the project would comply with exterior and interior noise levels outlined i n Chapter 9.12 (Noise Control); (c) air quality because construction -related emissions associated with the required tenant improvements are temporary; or (d) water quality because the project does not include operations that would impact onsite or offsite creeks or wetlands. Lastly, the project can be adequately served by all required utilities and public services. Therefore, the project would not result in a significant effect on the environment. 5.0 DEPARTMENT / DIVISION COMMENTS The project has been reviewed by the Planning Division, Building Division, Engineering Division, Fire Department, and Utilities Department. Any applicable conditions from these departments or divisions have been included in the Planning Commission Resolution for the project approval. In addition, the project will be reviewed for compliance with relevant code requirements (e.g., Building Code, Fire Code, etc.) as part of the building permit review. Page 13 of 28 Item 4a USE-0680-2022 (830 Orcutt Road) Planning Commission Report – March 8, 2023 6.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required to make a decision. 2. Deny the project. An action denying the project should include findings that cite the basis for denial and should referen ce inconsistency with the General Plan, Zoning Regulations, or other policy documents. 7.0 ATTACHMENTS A. Draft Resolution (USE-0680-2022) B. Project Plans (USE-0680-2022) Page 14 of 28 RESOLUTION NO. PC-XXXX-23 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO ESTABLISH A HOTEL USE, CONSISTING OF THREE (3) GUEST SUITES IN A MIXED-USE DEVELOPMENT, THAT OPERATES DAILY FOR TWENTY-FOUR HOURS A DAY. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 8, 2023 (830 ORCUTT ROAD; USE-0680-2022) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing via teleconference on December 9, 2020 and conditionally approved the mixed-use development at 830 Orcutt Road, pursuant to a proceeding instituted under ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020, 830 Orcutt, LLC, the applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 8, 2023, pursuant to a proceeding instituted under USE- 0680-2022, 830 Orcutt, LLC, the 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. 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 (USE-0680-2022), based on the following findings: 1. As conditioned, the project is consistent with the General Plan because it is a small-scale service that provides a lodging option for those visiting the City and/or region. The proposed hotel use is conditionally permitted in the Service Commercial Zone and would be a service that is compatible with, and would not result in adverse impacts to, surrounding uses, which include residences, commercial recreation, bar/tavern, light manufacturing, and storage. 2. The proposed hotel use is conditionally permitted within the Service Commercial Zone and conditioned to comply with applicable provisions of the Zoning Regulations and Municipal Code. Page 15 of 28 Resolution No. PC-XXXX-23 830 Orcutt Road, USE-0680-2022 Page 2 3. As conditioned, the design, location, size, and daily, twenty-four-hour operating characteristics of the project will be compatible with existing and future land uses in the vicinity because the proposed hotel use is limited to three (3) guest suites, does not include outdoor amenities or amplified sounds, would be adequately served by onsite parking, and shall comply with applicable performance standards related to lighting, noise, air quality, and hours of operation for nonresidential uses in mixed-use developments. 4. The site is physically suitable in terms of (a) its design, location, size, and operating characteristics of the project ; (b) traffic generation and the provision of public and emergency vehicle (e.g., fire and medical access); (c) public protection services; and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage , wastewater collection, treatment, and disposal, etc.). The project is located on and surrounded by other developed properties with compatible uses, adequately served by onsite parking, has access to the City’s circulation system, and would be served by City utilities. The project does not include activities that generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. The establishment and subsequent operation or conduct of the use will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use because the project is required to obtain a building permit for the tenant improvements and relevant code requirements will be reviewed for compliance at the time of building permit application. SECTION 2. Environmental Review. The project is categorically exempt from provisions of the California Environmental Quality Act (CEQA) as described in Sections 15301 (Existing Facilities) and 15332 (In-Fill Development) of the CEQA Guidelines. The project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation of a three -room hotel use in, and minor tenant improvements to, the commercial building of a mixed-use development that was previously approved and is currently under construction. The Planning Commission’s review and approval of the mixed-use development (ARCH-0764-2019, AFFH-0210- 2020, and USE-0209-2020) on December 9, 2020 included a deter mination that the proposed development is categorically exempt. Required construction permits have since been obtained and the mixed -use development, including the commercial building that is proposed for hotel use, is under construction. The hotel use doe s not include any changes to the location of the commercial building or construction of additional square footage. Therefore, the project involves no expansion to the previously approved commercial building. Page 16 of 28 Resolution No. PC-XXXX-23 830 Orcutt Road, USE-0680-2022 Page 3 The project is also exempt under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines because it is consistent with the General Plan land use designation, applicable General Plan policies, and Zoning Regulations; is located on a project site within City limits that is less than five (5) acres in size (0.56 gross acre); is surrounded by other urban uses (e.g., existing residential, commercial recreational, light manufacturing, storage, etc. uses); and is not a habitat for endangered, rare, or threatened species because the use will operate within the commercial building of a mixed-use development. Approval of the project will not result in any significant effects related to (a) traffic because the project is limited to three (3) guest suites, would not exceed the trip threshold (i.e., less than 110 daily vehicle trips) anticipated for Small Development Projects per the CEQA Guidelines, and would be sufficiently served by onsite parking spaces; (b) noise because the project would comply with exterior and interior noise levels outlined in Chapter 9.12 (Noise Control); (c) air quality because construction-related emissions associated with the required tenant improvements are temporary; or (d) water quality because the project does not include operations that would impact onsite or offsite creeks or wetlands. Lastly, the project can be adequately served by all required utilities and public services. Therefore, the project would not result in a significant effect on the environment. SECTION 3. Action. The following 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. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated March 8, 2023, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. All conditions associated with the Planning Commission’s approval of the mixed - use development on December 9, 2020 (Resolution No. PC -1028-2020) shall be incorporated herein as conditions of approval. 3. The hotel shall retain a responsible party that is available via telephone on a 24- hour basis to respond to emergency maintenance requests and nuisance complaints. The contact information for the responsible party shall be provided to hotel guests, prior to and during their stay, and to residents within the mixed -use development. Page 17 of 28 Resolution No. PC-XXXX-23 830 Orcutt Road, USE-0680-2022 Page 4 4. Amplified sound is not permitted outdoors. Any noise associated with the hotel shall not exceed permitted noise levels outlined in Chapter 9.12 (Noise Control) of the Municipal Code. 5. For each reserved guest suite, one (1) parking space shall be available for use by the hotel guest(s) between the hours of 4:00 p.m. and 11:00 a.m. for the length of their stay. 6. This Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to operation of the business has occurred. At the time of the Use Permit review, to ensure on-going compatibility with nearby uses, conditions of approval may be added, modified, or removed, or the Conditional Use Permit may be revoked. Indemnification 7. 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. Page 18 of 28 Resolution No. PC-XXXX-23 830 Orcutt Road, USE-0680-2022 Page 5 Applicable Code Requirements 8. The applicant shall demonstrate compliance with Chapter 4 of the California Fire Code and Title 19 of the California Code of Regulations, which require Fire Safety Directors carry out emergency duties outlined in 403.9.1 of the Fire Code. On motion by Commissioner ________, seconded by Commissioner ________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 8th day of March 2023. ___________________________ Tyler Corey, Secretary Planning Commission Page 19 of 28 Page 20 of 28 rockvi e w sweeneyperkinsBROA Dgaribaldimcmillanduncan ORCUTTLAURELmutsuhitolawrence*PROJECT SITE830 ORCUTT ROAD1BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITVICINITY MAPSITE AERIAL830 ORCUTTPROJECT TEAMDEVELOPER | OWNER830 Orcutt, LLC9275 N Forty RoadAtascadero, CA 93422ARCHITECTBracket Architecture OfficePO Box 1810San Luis Obispo, CA 93406Contact: Bryan Ridley | br@bracketao.com | 805 704 0535CIVIL ENGINEERAshley & Vance Engineering, Inc.1413 Monterey StreetSan Luis Obispo, CA 93401Contact: 805 545 0010TABLE OF CONTENTSProject Information, Development Statement + Table of ContentsProject DataApproved Site PlanLandscape PlanPartial Grading and Drainage PlanHotel Floor PlanElevations, Materials + ColorsPAGE1234567-8DEVELOPMENT STATEMENTThis project proposes a three-room boutique hotel use as the commercial use for an approved mixed-use site. No changes are proposed to the project site or residential buildings from previous approvals apart from nominal grading adjustments and individual entrances for each hotel room. All buildings are under construction.PREVIOUS APPROVALSThe prior approvals ARCH-0764-2019, USE-0822-2019 and AFFH-0210-2020 included fifteen multifamily multi-story dwelling units and a single-story commercial use building with an indeterminate use. Affordable housing and Public Art requirements are met as prescribed under those approvals.DESCRIPTION OF PROPOSED HOTEL USEType of Proposed Activities LodgingHours of Operation 24hrs, DailyNumber of Employees Contract maintenance and housekeeping as neededRefer to Parking Summary on sheet 2CEQA STATUSThis environmentally benign project is categorically exempt from CEQA per CEQA guideline 15332 as the project satisfies the conditions of a class 32 in-fill development project.ATTACHMENT BPage 21 of 28 2BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITPREVIOUSLY APPROVED PROJECT DATAAddress 830 Orcutt RoadAPN 053-202-026Zoning C-S Service CommercialAdjacent Zoning C-S (east and west) M (north) R-4-PD and C-C-PD (south across right-of-way)Lot Area 24,920 square feet (0.57 acres)Current Use Single Family ResidentialProposed Use Mixed-Use Site with Residential and Hotel BuildingsGross Building Areas Building A (830) 3,057 sf Garage, 12,974 sf Residential Building B (843) 1,132 sf Garage, 5,002 sf Residential Building C (834) 1,132 sf Garage, 5,002 sf Residential Building D (832) 1,439 sf HotelLot Coverage 75% Allowed 18,690 square feet 46% Proposed 11,436 square feetTotal Area of Landscaping Excluding setbacks 1,075 square feetFloor Area Ratio 1.5 Allowed 37,380 square feet 1.0 Proposed 24,417 square feet [ 29,738 sf total area – 5,321 sf for required parking ]Density Allowed C-S Zone 13.7 density units [ 24 du/ac × 0.57 ac ] Density Bonus 16.48 density units [ 13.7 du × 20% for 10% low income per Table 8-2 ] 17.0 density units when rounded per SLOMC 17.140.040(B)Density Proposed 2 1-bedroom dwelling units 1.32 density units [ 2 x 0.66 du ] 13 2-bedroom dwelling units 13.0 density units [ 13 x 1.0 du ] 15 total dwelling units 14.32 density unitsAffordable Housing Requirement Provide 10% Low Income dwelling units, 1.5 dwelling units [ 15 dwelling units × 10% ] Provided 2 Low Income 1-bedroom dwelling units, Unit 01 and Unit 09Building Height Allowed 20’ at 10’ street yard setback, 35’ at 15’ street yard setback Proposed 20’ maximum at 10’ street yard setback, 35’ maximum at 15’ street yard setbackConstruction Type + Occupancy Type VB Occupancy Townhouses R-2 [ Buildings A-C ], Private Garages U [ Buildings A-C ], and Hotel R-1 [ Building D ]Common Open Space Active Shared Courtyard 640sf Passive Pedestrian Walk 1,240 sf Total 1,880 sfAccessible Dwelling Units Required 2 dwellings [ 15 dwellings × 10%, per CBC 1102A.3.1 at least 10% of the number of multi-story apartments in buildings with no elevator on a site must comply with subsections 1-4 as applicable ] Provided Unit 10 and Unit 11 fulfill accessible dwelling unit requirements with entry level powder room and habitable roomREVISED PARKING SUMMARYVehicle Parking Required 2 1-bedroom dwelling units 1.5 [ 2 × 0.75 per bedroom ] 13 2-bedroom dwelling units 19.5 [ 26 × 0.75 per bedroom ] Guest 3.0 [ 1 per 5 dwellings × 15 dwellings ] Hotel 3.0 [ 1 per room x 3 rooms ] Subtotal 27 spaces Bicycle Reduction 3 spaces [ 1 per 5 bicycles × 15 addition bicycle spaces to reduce commercial and guest parking demand, 10% maximum ] Total after reductions 24 spacesVehicle Parking Provided Standard Spaces in Garages 28 [ 2 per 2-bedroom dwelling, 1 per 1-bedroom dwelling] Surface Parking 3 standard, 1 van accessible Total 32 spacesElectric Vehicle Charging EV Ready 3 [ 10% of 27 required spaces ] EV Capable 15 [ one space for each residential garage provided per CalGreen ]Motorcycle Parking Required 2 [ 1 per 20 parking spaces × 27 spaces required ] Provided 2 accounted for in any of the private garages where there is an excess of 7 parking spaces provided over the requirement of 21 parking spacesBicycle Parking Residential 30 [ 2 per dwelling × 15 dwellings located in garages] Guest 3 [ 1 per 5 dwellings × 15 dwellings ] Hotel 0.3 [ 1 per 10 guest rooms x 3 guest rooms] Subtotal Required 33 bicycle spaces For Parking Reduction 15 [ equivalent to 3 vehicle parking space reduction ] Total Required 48 bicycle spaces [ 30 located in garages, 18 short-term ]ATTACHMENT BPage 22 of 28 UNIT 108 SINGLE-STORYHOTELUNIT 101UNIT 102UNIT 101UNIT 102UNIT 103FIRE ACCESS ROADUNIT 103UNIT 107 UNIT 106 UNIT 105 BUILDING A BUILDING D BUILDING C BUILDING B UNIT 104 UNIT 103 UNIT 102UNIT101UNIT109APPROVED SITE PLAN1” = 20’-0”3BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITSPLIT RAIL FENCESETBACK FROM TOP OF BANK NOTED AT EACH BUILDING CORNERAPPROX. 60’ TO NEAREST STRUCTURE ON ADJACENT PROPERTYAPPROX. 42’ TO NEAREST STRUCTURE ON ADJACENT PROPERTYSITE PRIVACY FENCE AT NORTH PROPERTY LINESINGLE MANEUVER FROM GARAGE (REVERSE)EV READY PARKING(3) REQUIRED10’ SETBACK FOR BUILDINGS< 20’ IN HEIGHTASPHALT DRIVE AISLE50’ SETBACK FOR GROUND LEVEL DWELLING UNITS, DESIGN EXCEPTION PER SLOMC 17.70.130(D)(1)(a)15’ SETBACK FOR BUILDINGS> 20’ IN HEIGHTCONCRETE FLATWORKSTREET LIGHT PER ENGINEERING STANDARDS 7520 + 7910 FIRE RISER ROOM WITH EXTERIOR DOOR ACCESS, FDC AT SOUTH WALLACCESSIBLE ROUTE TO HOTEL ROOMSELECTRIC UTILITY TRANSFORMERDOUBLE-DETECTOR CHECK VALVE SCREENED BY LANDSCAPESHARED OPEN SPACE COURTYARDCOMMON OPEN SPACEPASSIVE PEDESTRIAN WALK5’ SETBACK FOR PARKING LOTS AND SIGNSSITE PRIVACY FENCE + GATEAT WEST PROPERTY LINEFIRE HYDRANT APPROX. 150’ WESTFIRE HYDRANT APPROX. 290’ EAST6’ WIDE PATHWAYS INCLUDING 18” WALKABLE GROUND COVER STRIPIN GROUND PLANTER, SEE LANDSCAPE PLANTRASH, RECYCLING + ORGANICS ENCLOSURE, COVEREDSHORT-TERM BICYCLE PARKING, TYP. OF [18]APPROVED EXCEPTION OF CREEK SETBACKS [ 20’ + 10’ AT UPPER LEVEL ] BYAFFORDABLE HOUSING INCENTIVETOP OF BANK CONTOUR -AND-LINE OF AVERAGED TOP OF BANK PER SITE VISIT WITH NATURAL RESOURCES MANAGER ON JANUARY 13, 2020 [SLOMC 17.70.030(C)]SITE PLAN PROVIDED FOR REFERENCE AND SHALL CONFORM TO THE APPROVED PLANS UNDER PBLDG-0355-20210 5 10 20ATTACHMENT BPage 23 of 28 LANDSCAPE PLAN1” = 20’-0”0 5 10 20BUILDINGBACCENT TREESSCREEN SHRUBSPLIT RAIL FENCEBUILDINGCBUILDINGDBUILDINGA4BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITCONCRETE PADS WITH GROUNDCOVER BETWEENBORDER SHRUBSTREET TREE, TYP OF 5CONCRETE FLATWORKASPHALT DRIVE AISLESHADE TREEMEADOW GRASSESCONCRETE APRONSITE PRIVACY FENCE6’ MAXACCENT TREESGROUNDCOVER EDGE TO 6’ WALKWAYSRAISED PLANTERPLANTING SHALL CONFORM TO THE APPROVED PLANS UNDER PBLDG-0355-2021ATTACHMENT BPage 24 of 28 SDSDSD2192202212202202192192212212214216217218219XXSSSSSSSSSSSSSSSSSSSS215N89°34'33"E 140.28'M22.00'MN89°34'33"E 140.28'MN0°0221.59 FSAshley&VanceG, C1229 Carmel StSan Luis Obispo, CA 93401 (805) 545-0010 (323) 744-0010www.ashleyvance.comC I V I L S T R U C T U R A LGRADING PLANNGRADING SHEET, C-2.1, 10/17/19, Kathleen(219.16) TC(218.79) FLMATCH (E)219.00 TC218.50 FL219.15 FS219.09 FS219.20 FS219.10 FS220.11 TC/FS220.30 FS220.45 FS(219.22) ESMATCH (E)BUILDING DFF = 220.70219.83 FS221.42 FS220.69 TC220.36 FS1.5%4.04%1.5%1.4%219.80 FG1.88%0.7%1.5%220.30 FS219.71 FS4.8%220.21 FS220.21 FS220.45 FS219.57 FL7.1%221.41 FS220.11 TC/FS220.35 TC220.02 FL220.42 TC220.09 FL220.43 FS221.39 FS1.5%221.46 FS221.03 TC220.70 FL3.6%219.83 FL0.4%2.8%1.1%1.6%220.13 TC219.80 FL218.94 FL1.5%221.85 TC221.35 FS221.47 FS220.96 FS221.80 TC221.30 FS221.58 FS221.53 FS1.5%221.68 FS221.68 FS0.5%0.5%220.49 TC220.16 FL24220.30 FS220.30 FS34455SD26667219.81 TG217.81 IE881.5%1.5%1.5%SD19221.43 FS221.58 FS221.58 FS830 ORCUTT RDSAN LUIS OBISPO, CA 93401830 ORCUTT - HOTEL UPDATE010 10 20HORIZONTAL SCALE: 1" = 10' 5ATTACHMENT BPage 25 of 28                      GROUND FLOOR1,500 sf6BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITRESTROOMENTRYENTRY ENTRYRESTROOMRESTROOMSUITE 02485 SFSUITE 03394 SFSUITE 01443 SFBUILDING D HOTEL FLOOR PLAN1/8”=1’0”FIRE RISER CLOSETEXTERIOR LIGHTELECTRICAL CLOSETATTACHMENT BPage 26 of 28 BUILDING D SOUTH ELEVATION 1/8”=1’0”7BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMIT1276531354627MATERIALS + COLORSLEGEND1 Merlex Stucco Finish Medium Sand Texture - X-50 Crystal White2 Taylor Metal 4.0 Rib Siding - Ash Gray3 Wall Mounted Greenscreen Panels4 Accent Pink - SW6605 Charisma [Exterior Doors]5 Vinyl Window Frames, White6 Light Gray - SW 7660 Earl Grey7 Kichler Wall Mount Exterior Downlighting, Night-Sky CompliantBUILDING D NORTH ELEVATION 1/8”=1’-0”ATTACHMENT BPage 27 of 28 BUILDING D EAST ELEVATION 1/8”=1’0”8BRACKET ARCHITECTURE OFFICEORCUTT MIXED USE | HOTEL830 ORCUTT STREET SAN LUIS OBISPO23.0123 CONDITIONAL USE PERMITBUILDING D WEST ELEVATION 1/8”=1’-0”ATTACHMENT BPage 28 of 28