HomeMy WebLinkAboutUSE-1197-2017 (950 Orcutt) Planning Commision ResolutionRESOLUTION NO. PC -1011-18
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A MIXED-USE DEVELOPMENT
CONSISTING OF 78 APARTMENT UNITS AND 6,800 SQUARE FEET
OF COMMERCIAL SPACE, INCLUDING A REQUEST FOR A 10%
PARKING REDUCTION ASSOCIATED WITH A TRIP REDUCTION
PLAN. ADDITIONAL REQUESTS INCLUDE SPECIFIC LAND USES,
LIVE ENTERTAINMENT, AND ADJUSTED HOURS OF OPERATION.
THE PROJECT IS CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING
COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JULY
119 2018 (950 ORCUTT, USE -1197-2017)
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 April 11, 2018, continued the project to a date uncertain and provided directional
items to the applicant and staff; pursuant to a proceeding instituted under USE -1197-2017,
Andrew Fuller, applicant; and
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 July 11, 2018, pursuant to a proceeding instituted under USE -1197-2017, Andrew
Fuller, applicant; 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.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. 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 within a Manufacturing zone consisting of specific land uses, adjusted
hours of operation, vehicle parking reductions, and mechanical parking lifts:
1. 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. As conditioned, the proposed project is consistent with the General Plan Land Use
Element for this location since the project proposes to construct a mixed-use building that
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includes convenience restaurants, office professional, and residential uses that can be
utilized for such uses envisioned by the Services and Manufacturing District.
3. The project is consistent with Land Use Element Policy 2.3.6 "Housing and Businesses"
and 3.8.5 (Mixed Uses) because the project provides residential dwellings within a
commercial district 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.
4. The project is consistent with Housing Element because the project provides a variety of
residential types, sizes, and style of dwellings. Housing Element Program 6.15 identifies
the project site within the South Broad Street corridor (which includes properties along
Orcutt Road) as an area for higher -density, infill, or mixed-use housing.
5. The project is consistent with the Conservation and Open Space Element policy 4.4.3
because the project promotes higher -density, compact housing to achieve more efficient
use of public facilities and services and to improve the jobs/housing balance.
Mixed Use Project Findings
6. The project complies with all applicable provisions of the Zoning Regulations as
described within the property development standards for the Manufacturing zone.
7. 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.
8. The proposed commercial tenant space is located close to Orcutt Road and is designed to
accommodate small commercial uses; therefore, substantial conflicts between the
residential and commercial use are not anticipated.
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 and pedestrian pathways such that these uses are buffered from
adjacent commercial uses and transportation -related noise associated with the Orcutt
Road and the railroad by incorporating a barrier of structures 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 78 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.
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Specific Land Uses Findings
12. As conditioned, the proposed uses associated with the project will not adversely affect the
health, safety, or welfare of persons living or working in the vicinity because the
proposed uses are compatible with the proposed residential development and surrounding
uses within the vicinity.
13. The proposed office use is consistent with the General Plan because the Land Use
Element supports professional services having no substantial public visitation or limited
need for access to downtown government services in locations designated for Services
and Manufacturing (LUE 3.5.2.G).
14. The proposed office use is consistent the Zoning Regulations with the findings to allow
offices in the Manufacturing zone, because the use is compatible with neighboring land
uses in the area, and the proposed use will not create a shortage of Manufacturing zoned
land available for service commercial or industrial development.
15. The proposed use will not significantly direct traffic to use local or collector streets in
residential zones as it is located within an industrial district along Orcutt Road, with
convenient access to Highway 227.
16. As conditioned, the proposed restaurant use is consistent with the property development
standards of the City's Zoning Regulations. As conditioned, the proposed use is
compatible with the project site and with existing and potential uses in the vicinity which
include commercial services, residences, offices, restaurants, and retail shops.
Conditions of approval have been adopted to minimize potential disturbances to
neighboring properties.
17. As conditioned, the request to allow Personal Service uses within the Manufacturing zone
is inconsistent with Table 9 of the Zoning Regulations and the Land Use Element which
does not recognize Personal Service uses consistent or compatible with uses envisioned
for the Manufacturing zone.
18. As conditioned, the proposed uses are consistent with the General Plan because it
provides a mix of uses to serve nearby residents (LUE 2.2.1).
Hours of Operation
19. As conditioned, the proposed uses on site will not negatively impact the residential uses
in the development because the proposed commercial activity will be limited to hours of
operation consistent with specific thresholds established within the Noise Ordinance for
noise -sensitive uses, noise levels created by the uses during business hours will be within
allowable limits as described in the Municipal Code.
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Parking Reductions Findings
20. As conditioned, the proposed 7% bicycle parking reduction is appropriate for the site
because the proposed project includes an additional 60 bicycle parking spaces to be
provided for the mixed-use development (Zoning Regulations 17.16.060.G.2).
21. 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 10% shared parking reduction specified in San Luis Obispo Municipal
Code Section 17.16.06013 because there are multiple uses that share a common parking
area.
22. As conditioned, the Automobile Trip Reduction Plan provided by the applicant requests
an additional 10% parking reduction which is consistent with the intent to minimize area
devoted exclusively to parking and driveways by providing programs such as shared
automobiles, bicycle repair station, new neighborhood packets providing information for
site amenities and proximity to alternative modes of transportation within walking or
biking distances of the site.
Mechanical Parking Lift Findings
23. The use of mechanical parking lifts results in superior design and implementation of City
goals and policies for infill development by placing parking within a structure and
screening it from public view.
24. The mechanical parking lifts are 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.
25. The mechanical parking lift systems comply 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.
26. As conditioned, the mechanical parking lift systems will be safely operated and
maintained in continual operation with the exception of limited periods of maintenance.
27. 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 categorically exempt under Class
32, In -Fill Development Projects; Section 15332 of the State California Environmental Quality
Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land
use designation 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
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uses that has no value as habitat for endangered, rare or threatened species and is served by
required utilities and public services. The project has been reviewed by the City Public Works
Department, Transportation Division, and no significant traffic impacts were identified, based on
the size and location of the project.
SECTION 3. Action. 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 the project. The Planning Commission does hereby
approve application USE -1197-2017, allowing a mixed-use project at 950 Orcutt Road subject to
the following conditions:
Planning Division
The Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification of the
Use Permit is necessary upon significant change to the project description, approved
plans, and other supporting documentation submitted with this application or in the event
of a change in ownership which may result in deviation from the project description or
approved plans. Minor changes to the description may be approved by the Community
Development Director; substantial modifications shall require modification of the use
permit.
2. 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.
3. Architectural plans to be reviewed by the Architectural Review Commission shall
incorporate any design comments from the Planning Commission.
4. The applicant shall incorporate public art as part of the project rather than paying the in -
lieu fee.
5. Hours of operation for the commercial component of the project shall be limited to 7:00
AM to 10:00 PM, unless otherwise approved by the Community Development Director
through a separate application for extended hours for specific businesses.
6. Plans submitted for tenant improvements shall be limited to no more than one suite
dedicated for the use of an Office -Professional business associated with this use permit.
Additional office uses within the project site shall require separate approvals as stipulated
in the Zoning Regulations.
7. The restaurant use shall provide full food service at all times alcohol is served. The
restaurant shall have full meals and restaurant service available during all hours of
operation, consistent with the approved hours of operation for the proposed use.
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8. Tables, chairs, and the general floor plan layout of the restaurant use shall remain
consistent with approved plans and may not be removed or modified for late night
operation or special events unless approved by the Director in advance, or if approved by
separate permit.
9. Live or amplified entertainment that meets the definition of a Night Club shall not be
allowed at this location without the approval of a Night Club Use Permit, or through
modification of the active Administrative Use Permit (A 27-13). Upon review of a Night
Club Use Permit, or a modification to the existing use permit, and considering the
findings of a noise study, the hours or other conditions of operation may be re-evaluated
or restricted to comply with the noise ordinance and assure compatibility with residential
uses.
10. Prior to issuance of business licenses, the Community Development Department shall
provide zoning clearance for the proposed restaurant and office uses as associated with
this use permit. All other land uses shall be consistent with the Zoning Regulations for
uses allowed or conditionally allowed per zone.
11. The proposed uses shall operate in conformance with the City Noise Ordinance (M.C.
Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences. Plans
submitted for construction permits to complete the project will clearly indicate and
describe the noise reduction measures, techniques, and materials used to reduce noise
levels for the portion of the project along Orcutt Road and the Railroad that are exposed
to elevated noise levels, as indicated in Figures 4 and 5 of the Noise Element of the
General Plan, to acceptable levels, as described in Figure 1 of the Noise Element.
Measures, techniques, and materials used to reduce noise levels shall be as described in
the Standard Noise Package for achieving a noise level reduction of 25 dB, from the
City's Noise Guidebook, or equivalent alternative measures, techniques, and materials.
12. 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 and transportation -
related noise associated with the Orcutt Road and the Union Pacific Railroad.
13. 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.
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14. 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.
15. Prior to building plan approval, the applicant shall record an agreement 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.
16. 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. All mechanical parking lift spaces shall be available for
residents and employees free from restrictions.
17. Prior to the issuance of a building permit, the applicant is encouraged to provide a Trip
Reduction Plan identifying the responsibility for monitoring and reporting the progress of
the Trip Reduction Program to the satisfaction of the Community Development Director
and the Transportation Division. The Trip Reduction Plan should be clear on the
performance measures, how they will be monitored/measured, and what actions will be
taken if the number of parking spaces is insufficient upon full occupancy and operation of
the project. The Community Transportation Board will be responsible for coordinating
annual surveys, reporting to the city, and providing current and up to date program
information to residents.
18. 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.
19. Plans submitted for a building permit shall demonstrate compliance with bicycle parking
space requirement under Table 6.5 of the Zoning Regulations and comply with Section
17.16.060G for the 7% bicycle reduction to provide an additional 60 bicycle parking
spaces, to the satisfaction of the City Engineer and Community Development Director.
20. Demolition of the existing building shall not commence until a permit has been issued by
the building official. The applicant shall comply with Municipal Code Chapter 15.04
Construction and Fire Prevention Regulations, Appendix Chapter A2 Demolition and
Moving of Buildings, including but not limited to, the following: for structures older than
50 years, the applicant shall provide evidence that for a period of not less than 90 days
from date of permit application, the building was advertised in a local newspaper on at
least 3 separate occasions not less than 15 days apart, as available to any interested
person to be moved, and submit historic documentation for the structure.
Housing Programs
21. 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, consistent with Zoning Regulations Section 17.90.080. The agreement shall
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specify mechanisms or procedures to assure the continued affordability and availability
of a minimum of one dwelling unit or payment of in -lieu fees consistent with Chapter
17.91 of the Zoning Regulations, to the satisfaction of the Community Development
Director.
Transportation Division
22. Prior to occupancy, the applicant shall install traffic signal control device at intersection
of Sacramento/Duncan at Orcutt, where signal warrants were met, to the satisfaction of
the Public Works and Community Development Directors.
23. Prior to building permit issuance, the applicant shall provide an irrevocable offer of
dedication of right of way for the future railroad grade crossing as shown in the Project
Study Report (PSR), to the satisfaction of the Public Works Director.
Utilities Department
24. The site is within the City's Water Reuse Master Plan area and landscape irrigation for
the project shall utilize recycled. The project shall install 350 -feet of 8" recycled water
main along the south frontage, or along Orcutt Road, to the satisfaction of the Utilities
Director.
25. The private irrigation system shall be designed and operated as described consistent with
recycled water standards in the City's Procedures for Recycled Water Use, including the
requirement that sites utilizing recycled water require backflow protection on all potable
service connections. Three sets of irrigation plans shall be submitted to the Building
Department for review during the City's building permit review process.
Indemnification
26. 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.
Upon motion of Commissioner Jorgensen, seconded by Commissioner McKenzie, and on
the following roll call vote:
AYES: Commissioners Dandekar, Jorgensen and McKenzie
NOES: Vice -Chair Stevenson
ABSENT: Commissioners Osterbur, Wulkan and Chair Fowler
RECUSED: None
The foregoing resolution was adopted this 11 th day of July, 2018.
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Doug Davids n, Secretary
Planning Commission