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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) Page 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 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. R 10874 Resolution No. 10874 (2018 Series) Page 3 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 R 10874 Resolution No. 10874 (2018 Series) APPROVED AS TO FORM: Page 4 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 R 10874