HomeMy WebLinkAboutR-10749 - Apprpving a use permit for a mixeduse project in the foothill blvd special planning areaRESOLUTION NO. 10749 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A USE PERMIT FOR A MIXED-
USE PROJECT IN THE FOOTHILL BOULEVARD SPECIAL PLANNING
AREA, A 40 PERCENT PARKING REDUCTION AND THE USE OF
MECHANICAL PARKING LIFTS INCLUDING A CATEGORICAL
EXEMPTION FROM CEQA AND A RECOMMENDATION OF
APPROVAL OF A HEIGHT EXCEPTION AS AN AFFORDABLE
HOUSING INCENTIVE AS REPRESENTED IN THE CITY COUNCIL
AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 18, 2016
(22 CHORRO, USE -2882-2016)
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
August 24, 2016 for the purpose of considering a use permit application USE -2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, San Luis Obispo Development Group, LLC, the applicant, filed an appeal of
the Planning Commission's action on August 31, 2016; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following
findings in support of the project approval that includes a use permit for a mixed-use project in the
Foothill Boulevard special focus area, a 40 percent parking reduction and the use of mechanical
parking lifts and recommends approval of a height exception as an affordable housing incentive of
the proposed project:
That the project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity because the proposed project is consistent with the Foothill
Boulevard/Santa Rosa Special Focus Area of the Land Use Element and Zoning
Regulations.
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Resolution No. 10749 (2016)
Findinzs for Affordable Housing Incentives:
Page 2
1. That the project is consistent with Housing Element, Goal 2 because the project includes units
for very -low income households which helps meet the City's affordable housing objectives.
2. That with 11 percent of the units restricted for very -low income households, the applicant is
entitled up to a 35 percent maximum density bonus under State law and the City's Municipal
Code, Chapter 17.90. Therefore, the proposed density bonus for the project of 35 percent is
consistent with established criteria for density bonuses.
3. That the proposed height of 43 feet to accommodate the development of the proposed project
is appropriate as an incentive consistent with the Zoning Regulations Section 17.90.060.B(1)
that a reduction in site development standards or modification of zoning code requirements or
architectural design requirements that exceeds the minimum building standards approved by
the California Building Standards Commission as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety Code.
Findines for 40 Percent Parkine Reduction:
4. That the proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A, Parking Space Requirements, in that it satisfies the intent of that section which
is "... to minimize the area devoted exclusively to parking and drives when typical demands
may be satisfied more efficiently by shared facilities." Moreover, the project satisfies the
requirement for a shared parking reduction specified in San Luis Obispo Municipal Code
Section 17.16.060.B because there are multiple uses that share common parking areas. In
addition, in accordance with the provisions of Section 17.16.060.C, the times of maximum
parking demand from the proposed uses will not coincide.
5. That the proposed project is consistent with the San Luis Obispo Municipal Code Section
17.16.060.G and provides 30 additional bicycle parking spaces (above the bicycle parking
required for the project) for a 10 percent parking reduction at the rate of one car space for each
five bicycle spaces provided.
6. That the proposed parking reduction will safe, and will not be detrimental to the surrounding
area or cause a decline in quality of life because project is located close proximity to grocery
stores, restaurants, entertainment, schools, employment and two bus stops allowing for
alternative modes of transportation such as walking, biking or taking public transportation.
Findin s for Mechanical Parki= Lifts:
7. That the use of mechanical lift parking results in superior design and implementation of City
goals and policies for infill development by placing parking within the structure and screening
it from public view.
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Resolution No. 10749 (2016)
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8. That the mechanical lift parking is adequately screened and, as conditioned, shall be reviewed
by the Architectural Review Commission for compliance with Community Design Guidelines
for compatibility with the building and site design.
9. That the mechanical lift parking systems complies with all development standards including
but not limited to height and setback requirements, and Parking and Driveway Standards with
the exception of minimum parking stall sizes which are established by lift specifications.
10. That, as conditioned, the mechanical parking systems will be safely operated and maintained
in continual operation with the exception of limited periods of maintenance.
11. That there are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or working on
the site or in the vicinity.
SECTION 2. Environmental Review. The project is both statutorily exempt under Section
15195 and 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, within one-half a mile of a transit stop 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 as the site is located on an existing developed property and is served by required
utilities and public services.
SECTION 3. Action. The City Council does hereby uphold the appeal of the Planning
Commission's action to deny the proposed project hereby granting final approval of the application
USE -2882-2016 for a mixed-use project in the Foothill Boulevard special focus area, a 40 percent
parking reduction and the use of mechanical parking lifts and recommends approval of a height
exception as an affordable housing incentive at 22 Chorro Street subject to the following
conditions:
Planning
1. 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 City shall fully cooperate in the defense against an Indemnified Claim.
2. The proposed use shall operate consistent with the project description, approved plans,
and other supporting documentation submitted with this application unless otherwise
conditioned herein.
3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines and the Mixed
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Use project design standards (Zoning Regulations section 17.08.072). Specific
attention shall be given to the compatibility between the adjacent commercial uses and
the residential uses. The Architectural Review Commission shall be responsible for
taking action on additional project conditions and code requirements as applicable.
4. The mechanical parking lift shall be reviewed by the Architectural Review Commission
for compliance with Community Design Guidelines for compatibility with the building
and site design.
5. Prior to building plan approval, the applicant shall record an agreement in a form
subject to the approval of the City Attorney that runs with the land that mechanical
parking systems will be safely operated and maintained in continual operation with the
exception of limited periods of maintenance.
6. All regular (non-mechanical lift) parking spaces shall be available for residential
tenants, employees and customers free from restrictions. No regular parking spaces
shall be individually labeled or allocated.
7. All mechanical lift parking spaces shall be available for all residential tenants.
8. The project shall include 33 parking spaces, 3 motorcycle spaces and 93 required
bicycle parking spaces (70 long-term and 23 short-term).
9. The property owner shall be responsible for maintaining and updating the current
parking calculation for the commercial component of the project upon the submittal of
Planning and Building permits for tenant changes or improvements to ensure the site
does not become under -parked.
10. The project shall have a maximum height of 43 feet. The tallest part of the project shall
be located along Foothill Boulevard as shown on the submitted project plans. Any
alterations increasing the proposed height or the location of the height on the site will
require a modification to the use permit.
11. Plans submitted for building permit review shall show the location of all 93 required
bicycle parking spaces (70 long-term and 23 short-term) and include product sheets of
the proposed bike racks to be used. All bicycle parking spaces included as part of the
project shall comply with City's Municipal Code Section 17.16.060, Table 6.5 and the
Community Design Guidelines Section 6.3.F.
Transportation
12. Consistent with the City's Bicycle Transportation Plan, the project shall install a bike
box on Chorro Street, south of Foothill Boulevard. Building plans shall include the
layout and design of the bike box and right turn lane according to design guidance
within the NACTO Urban Bikeway Design Guidelines and design shall be reviewed
and approved by City Transportation & Engineering Division prior to installation. The
installation may require modifications to the existing pedestrian refuge island.
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13. In regards to the bus turnout and facilities, project plans submitted for the building
permit shall be consistent with the plans submitted for the use permit.
14. The applicant shall record a public access easement along the Foothill Boulevard
frontage of the project which also allows the City to place and maintain bus facilities
such as benches, signs, maps, etc.
On motion of Council Member Christianson, seconded by Council Member Rivoire and on the
following roll call vote:
AYES: Council Members Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: Ashbaugh
ABSENT: None
The foregoing resolution was adopted this 181h day of October 2016.
Mayor . 1l Marx
ATTEST:
1 �-04J,
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
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Resolution No. 10749 (2016)
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this (Qt' h day of �ic,� _ r , -am-1 [-f .
0 Lvvt"-&UA��
Carrie Gallagher
City Clerk
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