HomeMy WebLinkAboutPC-1011-17 (USE-1094-2017 -- 3720 Broad Street)RESOLUTION NO. PC -1011-17
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A MIXED-USE COMMERCIAL AND RESIDENTIAL
PROJECT IN THE C -S -S ZONE, INCLUDING A 9% DENSITY BONUS,
AND A CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS REPRESENTED IN THE STAFF
REPORTS AND ATTACHMENTS DATED OCTOBER 25, 2017 (3720
BROAD STREET, USE -1094-2017)
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
October 25, 2017 for the purpose of considering application USE -1094-2017, a request to allow a
mixed-use project with 40 residential units and 1,288 square feet of commercial space, including
a 9% density bonus based on the provision of four low-income residential units; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission 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 Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Fiiidi€ias. Based upon all the evidence, the Planning Commission makes the
following findings in support of the project approval that includes a mixed use (residential and
commercial) project, consisting of 40 residential units and up to 1,288 square feet of commercial
floor area:
As conditioned, the establishment, maintenance, or operation of the proposed project will
not, in the circumstances of the particular case, be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity of the proposed use, or
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
2. The project is consistent with Land Use Element Policy 2.3.6 "Housing and Businesses"
because the project is near neighborhood commercial centers, major activity nodes and
transit opportunities. Housing at this location is and can be compatible with the proposed
and existing commercial uses on-site and on adjacent properties.
3. The project is consistent with Housing Element, Program 6.15 because it identifies 3710
Broad Street (which includes subdivided parcels 3680, 3720, 3690 Broad Street) as an area
for higher -density, infill, or mixed-use housing.
Resolution No. PC -1011-17
USE -1094-2017 (3720 Broad Street)
Page 2
4. The project is consistent with the Housing Element because it provides a mixed-use
development including a variety of low income, workforce level of affordability, and
market -rate housing.
The project complies with all applicable provisions of the Zoning Regulations as described
within the property development standards for the Service -Commercial zone.
6. The site is adequate for the project in terms of size, configuration, topography, and other
applicable features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use.
7. The proposed commercial tenant space is located close to Broad Street and is designed to
accommodate small commercial uses; therefore, substantial conflicts between the
residential and commercial use are not anticipated.
Mixed Use Findings:
8. The above recitals are true and correct and are incorporated herein by this reference.
9. The project's mixed uses are consistent with the General Plan and are compatible with their
surroundings, with neighboring uses, and with each other since the project has appropriate
setbacks from the roadway and incorporates design features that protect the privacy and
quality of the residential units.
10. The project's design protects the public health, safety, and welfare of future residents by
locating common area, pedestrian pathways, and private porches and decks such that these
uses are buffered from adjacent commercial and services uses and residential decks facing
Broad Street incorporate a solid wall to attenuate noise generated by transportation -related
uses.
11. The mixed uses provide greater public benefits than single -use development of the site
since the project includes 40 housing units including low income, workforce level of
affordability, and market -rate housing units proximate to transit, retail services and uses,
and typical workplaces. Maintaining a 24-hour presence on the site will ensure additional
safety and security for the surrounding neighborhood and commercial uses.
Findings for Density Bonus:
12. As a 10% affordable housing development, the applicant is entitled up to a 20% maximum
density bonus under State law. Therefore, the proposed density bonus for the project of 9%
is consistent with established criteria for density bonuses.
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review under Section 15332 (In -Fill Development Projects) of the CEQA
Guidelines because the project is within City limits, consistent with applicable City policy,
surrounded by urban uses, and on a project site less than 5 acres in size served by required utilities
and public services.
Resolution No. PC -1011-17
USE -1094-2017 (3720 Broad Street)
Page 3
SECTION 3. Action. The Planning Commission does hereby approve application USE -
1094 -2017, allowing a mixed use project at 3720 Broad Street subject to the following conditions:
Please note 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 your project.
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 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
units to protect residences from glare, noise or odors. The Architectural Review
Commission shall be responsible for taking action on additional project conditions as
applicable.
4. The locations of all lighting, including bollard style landscaping or path lighting, shall be
included in plans. 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 insure that light is directed
downward consistent with the requirements of the City's Night Sky Preservation standards
contained in Chapter 17.23 of the Zoning Regulations.
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 to ensure the site does not
become under -parked.
6. Hours of operation for the commercial component of the project shall be limited to 7:00
a.m. to 6:00 p.m. unless the Community Development Director approves an Administrative
Use Permit for extended hours.
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USE -1094-2017 (3720 Broad Street)
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7. Architectural plans to be reviewed by the Architectural Review Commission shall
incorporate any design comments from the Planning Commission.
8. A noise disclosure shall be provided to all residential and commercial tenants, including
owners and renters, to ensure acknowledgment of potential noise in excess of residential
standards that may be generated from adjacent commercial businesses.
9. Prior to occupancy, an overflight notification shall be recorded and appear with the
property deed. The applicant shall also record a covenant with the City to ensure that
disclosure is provided to all buyers and lessees at the subject property. Notice form and
content shall be to the satisfaction of the Community Development Director and include
the following language:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of
an airport, within what is known as the airport influence area. For that reason, the
property may be subject to some of the annoyances or inconveniences associated with
proximity to airport operations (for example: noise, vibration, or odors). Individual
sensitivities to those annoyances can vary from person to person. You may wish to consider
what airport annoyances, if any, are associated with the property before you complete your
purchase and determine whether they are acceptable to you.
10. The 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, that includes information and/or evidence supporting a conclusion
that a violation of this Use Permit, or of City ordinances or regulations applicable to the
property or the operation of the business, has occurred. At the time of the Use Permit
review, to insure on-going compatibility of the uses on the project site, conditions of
approval may be added, deleted, or modified.
11. Four residential dwelling units shall be restricted to low income households as represented
in the applicant's project description. The applicant shall also comply with Zoning
Regulations Section 17.90.080 Agreements for Affordable Housing.
Transportation
12. Upon application for a building permit, the building plans shall show the construction of a
centerline median (300 feet long by 10 feet wide) along Broad Street from the southern
edge of the subject property (3720 Broad Street) to the northern property line of the
adjacent property (Iron Works site, 3682 Broad Street). The design of the median shall
conform to City Standard Plan 4940 and City Engineering Standards, to the approval of
the Public Works Department. The process of reimbursement from the Iron Works site,
3682 Broad Street, for fair -share costs of median construction shall be agreed upon at
issuance of building permit.
Resolution No. PC -1011-17
USE -1094-2017 (3720 Broad Street)
Page 5
Upon motion of Commissioner Mann, seconded by Commissioner Bisheff, and on the
following roll call vote:
AYES: Commissioners Osterbur, Mann, Bisheff, Dandekar, and Chair Stevenson
NOES: None
ABSENT: Vice -Chair Fowler and Commissioner Malak
RECUSED: None
The foregoing resolution was adopted this 25th day of October 2017.
Dour avids , Secretary
Planning Commission