HomeMy WebLinkAboutR-10874 Approving the Alternative Incentives to Provide for Affordable Housing for 207 HigueraRESOLUTION NO. 10874 (2018 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
INCLUDES A DENSITY BONUS OF 28 PERCENT AND A REDUCTION
IN SITE DEVELOPMENT STANDARDS FOR A STREET YARD
SETBACK OF 1.5 FEET, WHERE 15 FEET IS NORMALLY REQUIRED,
AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED MARCH 20, 2018. THE PROJECT IS
CATEGORICAL EXEMPT FROM ENVIRONMENTAL REVIEW. (207
HIGUERA AFFH-1335-2018)
WHEREAS, the applicant, on January 9, 2018, submitted an application to request
alternative incentives for affordable housing that include a twenty-eight (28) percent density bonus
and a reduction in site development standards for a street yard setback of 1.5 feet, where 15 feet is
normally required in the C -S zone, 207 I liguera, LLC, applicant; and
WHEREAS, on March 5, 2018, the Architectural Review Commission 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, for the purpose of approving the design of a mixed-use project
consisting of eight residential units and approximately 1,097 square feet of commercial space
(ARCH -1233-2017), 207 Higuera, LLC, 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 March 20,
2018, pursuant to a proceeding instituted under AFFH-1335-2018, 207 Higuera, LLC, 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; and
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:
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.
Resolution No. 10874 (2018 Series)
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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 are necessary to facilitate the production of affordable housing
units.
3. The requests for a density bonus and reduction to site development standards for the street
yard setback are consistent with the intent of Housing Element programs 5.5, 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 setback reduction and associated mass and scale of the project will not
negatively alter the overall character of the neighborhood or the streets appearance because
the Mid Higuera Enhancement Plan design guidelines encourage parking areas along
Higuera Street to be located to the rear or between buildings to be accessible from common
driveways with buildings sited close to, and oriented toward the street with pedestrian
linkages to provide safe vehicle and pedestrian circulation within the project site to adjacent
neighborhoods.
SECTION 2. Environmental Review. The project is both statutorily exempt under
Section 15195, Residential Infill Exemption, 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 grant final approval of the project
including the request for alternative incentives to provide for affordable housing that includes a
density bonus of 28 percent and a reduction in the site development standards for the street yard
setback of 1.5 feet, where 15 feet is normally required in the C -S zone (AFFH-1335-2018), 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 -1233-2017 & AFFH-
1335-2016). Reference should be made in the margin of listed items as to where in plans
requirements are addressed.
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Resolution No. 10874 (2018 Series)
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2. Prior to the issuance of construction permits, the City and the project owners shall enter
into an Affordable Housing Agreement in a form subject to the approval of the City
Attorney, 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 two dwelling units to moderate income households consisting of a comparable
variety and tenure of the market -rate units within the project, 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.
Indemnification
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.
Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
RECUSED: Council Member Pease
ABSENT: None
The foregoing resolution was adopted this 201" day of March 2018.
ATTEST:
d&ILW& � - � �.2�
Teresa Purrington
Acting City Clerk
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Resolution No. 10874 (2018 Series)
APPROVED AS TO FORM:
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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 �"`� day of
Qeresa Purrington
Acting City Clerk
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