HomeMy WebLinkAboutR-10734 - Approving the Alternative incentives to provide for affordable housing that include a density bonus of 48 percent - 774 Cudill AFFH-3142-2016RESOLUTION NO. 10734 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ALTERNATIVE
INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT
INCLUDE A DENSITY BONUS OF 48 PERCENT AND A REDUCTION
IN SITE DEVELOPMENT STANDARDS FOR THE MAXIMUM
BUILDING HEIGHT TO EXTEND TO 47.5 FEET WHERE 40 FEET IS
NORMALLY PERMITTED, WITH A CATEGORICAL EXEMPTION
FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES AS REPRESENTED IN THE CITY COUNCIL AGENDA
REPORT AND ATTACHMENTS DATED JULY 12, 2016 (774 CAUDILL
AFFH-3142-2016)
WHEREAS, the applicant, on May 2, 2016, submitted an application to request
alternative incentives for affordable housing that include a forty-eight (48) percent density bonus
and a reduction in site development standards for the maximum building height to extend to 47.5
feet where 40 feet are normally permitted, for a project located at 774 Caudill Street; and
WHEREAS, on June 12, 2016, 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, for the purpose of reviewing the design of a new four story
mixed-use project (ARCH -2628-2016), Caudill Street Partners, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on July 12,
2016, pursuant to a proceeding instituted under AFFH-3142-2016, Caudill Street Partners,
applicant; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the 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 Council of the City of San Luis
Obispo as follows:
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Resolution No. 10734 (2016 Series) Page 2
SECTION 1. Firadiiigs. Based upon all the evidence, the City Council makes the
following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity since the proposed project is consistent with the site's
zoning designation, and will be subject to conformance with all applicable building,
fire, and safety codes.
2. The proposed project will provide quality affordable housing consistent with the
intent of Chapter 17.90 of the Municipal Code, and the requested density bonus and
reduction to site development standards is necessary to facilitate the production of
affordable housing units.
3. The requests for a density bonus and reduction to site development standards for
maximum building height 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 17.90.060 of the City's Zoning Regulations.
4. The proposed height, mass and scale of the project will not negatively alter the
overall character of the neighborhood or the streets appearance because the South
Broad Street Area Plan requires that mixed-use buildings provide residential units in
the upper levels of a structure with a minimum height allowance of 25 feet and at
least 80% of the building fagade to be constructed along the property build -to lines.
The project is consistent with the South Broad Street Area Plan and Community
Design Guidelines because the development is designed in a manner that does not
deprive reasonable solar access to adjacent properties; by positioning the majority of
the building mass along the street frontage that incorporates vertical and horizontal
wall plan offsets that provide high-quality and aesthetically pleasing architectural
design.
SECTION 2. Environmental Review. The project is categorically exempt under Class
32, In -Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation, is consistent with the
applicable zoning designation, is consistent with Government Code section 65915(f)(5) which
states that granting a density bonus does not require zoning change or other discretionary
approval, would not have a specific adverse impact upon public health and safety or the physical
environment because the project is designed in a manner that does not deprive reasonable solar
access to adjacent properties and is subject to conformance with all applicable building, fire, and
safety codes, and the property is not listed in the California Register of Historic Resources. 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 as the site is located
on an existing developed property.
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Resolution No. 10734 (2016 Series)
Page 3
SECTION 3. Action. The City Council does hereby grands final approval of the
alternative incentives to provide for affordable housing that include a density bonus of 48 percent
and a reduction in the site development standards for the maximum building height to extend
47.5 feet where 40 feet is normally permitted (AFFH-3142-2016), subject to the following
conditions:
Planning Department
1. Final project design and construction drawings shall be in substantial compliance
with the project plans approved by the ARC and the City Council. A separate full-size
sheet shall be included in working drawings submitted for a building permit that list
all conditions, and code requirements of project approval as Sheet No. 2 (ARCH -
2628 -2016 & AFFH-3142-2016). Reference should 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. Prior to the issuance of construction 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 a minimum of 4 dwelling units to very -low
income households, to the satisfaction of the Community Development Director. The
agreement shall also set forth those items required by Section 17.90.030(B) or any
alternative incentives granted pursuant to Section 17.90.060. The agreement shall run
with the land and shall be binding upon all heirs, successors or assigns of the project
or property owner, and shall ensure affordability for a period of not less than forty-
five years, or as otherwise required by state law.
3. The Owner/Applicant shall defend, indemnify and hold harmless the City or its
agents or officers and employees from any claim, action or proceeding against the
City or its agents, officers or employees, to attack, set aside, void, or annul, in whole
or in part, the City's approval of this project. In the event that the City fails to
promptly notify the Owner / Applicant of any such claim, action or proceeding, or
that the City fails to cooperate fully in the defense of said claim, this condition shall
thereafter be of no further force or effect.
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Resolution No. 10734 (2016 Series)
Page 4
Upon motion of Council Member Christianson, seconded by Council Member Ashbaugh, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 12th day ,n�uly 2016.
Mayor
ATTEST:
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have he%unto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of -J-V 1
ct,�•ti
Lee Price, MMC
Interim City Clerk
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