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HomeMy WebLinkAboutPC-1034-21 (APPL-0607-2020 -- 1321 Garden St.)RESOLUTION NO. PC-1034-21 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED BY GARY AND CATHERINE MILLER) THEREBY APPROVING A NEW THREE-STORY, FIVE-BEDROOM, SINGLE-FAMILY RESIDENCE, WITH AN 800-SQUARE FOOT ATTACHED ACCESSORY DWELLING UNIT, TWO ATTACHED GARAGES, AND A 590-SQUARE FOOT ROOF DECK. PROJECT INCLUDES A REQUEST FOR A REDUCTION IN SETBACK REQUIREMENTS TO ALLOW AN EIGHT-FOOT SETBACK AT THE CORNER OF THE ROOF DECK WHERE TEN FEET IS THE STANDARD, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED FEBRUARY 10, 2021 (1321 GARDEN STREET, APPL-0607-2020) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a meeting via teleconference, on September 14, 2020, recommending approval of the project to the Community Development Director of the City of San Luis Obispo based on consistency with the City’s Community Design Guidelines applicable to residential infill projects, pursuant to a proceeding instituted under ARCH-0542-2019, Once Upon a Time LP, applicant; and WHEREAS, the Community Development Director of the City of San Luis Obispo, on November 20, 2020, approved the above referenced residential infill project; and WHEREAS, on November 30, 2020, Gary and Catherine Miller, as a member of the public, filed an appeal of the Community Development Director’s November 20, 2020 decision approving the project; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a meeting via teleconference, on February 10, 2021, pursuant to a proceeding instituted under APPL- 0607-2020, Gary and Catherine Miller, appellant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and 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 Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission does hereby deny an appeal (APPL- Resolution No. PC-1034-20 1321 Garden Street, APPL-0607-2020 Page 2 0607-2020) of the Community Development Director’s decision, thereby granting final approval to the project (ARCH-00543-2019), based on the following findings: 1. The project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project will be compatible with the site constraints and the character of the neighborhood, including buildings fronting Pismo and Broad Streets. 2. The project is consistent with General Plan Land Use Element policies related to neighborhood enhancement (Policy 2.2.7) because the project is an infill project that contributes positively to the existing neighborhood and surrounding area by efficiently utilizing the easements in place that provides access to the subject property and incorporating design elements and materials from both the adjacent residential development to the east and the historic fire station on the corner of Garden Street and Pismo Street. 3. The Architectural Review Commission reviewed the project on September 14, 2020 and found the project consistent with the City’s Community Design Guidelines applicable to residential infill projects because the project is compatible in scale, siting, and overall character with adjacent buildings to the east and south that are two and three story buildings with minimum setbacks from property lines and a minimum amount of vertical articulation. The ARC’s recommended conditions are incorporated into this approval. 4. The project and the requested setback reduction is consistent with the intent of the Zoning Regulations and applicable General Plan policies because the area receiving the reduction in setback is minor in nature, involving an insignificant portion of total available solar exposure and complies with solar access standards of General Plan Conservation and Open Space Element (Policy 4.5.1). The setbacks are consistent with this policy because most roof areas, nearly all second-story south walls, and most first-story south walls of adjacent properties will be unshaded between 10 a.m. and 3 p.m. on the winter solstice 5. The project is consistent with the character of the neighborhood because adjacent properties to the east are three stories in height and the colors and materials proposed are consistent with adjacent structures. 6. As conditioned, the project, inclusive of the requested setback reduction, provides adequate consideration of and measures to address any potential adverse effects of noise and privacy on surrounding properties because the existing tall trees along the west property line will be maintained for screening and the project is conditioned to modify the materials and/or design of the east facing roof deck wall providing noise attenuation. 7. The project is exempt from environmental review under Class 3 (Section 15303), New Construction or Conversion of Small Structures, of the CEQA Guidelines because the project consists of the construction of one single-family residence and accessory dwelling unit within the Medium-Density Residential zone. Resolution No. PC-1034-20 1321 Garden Street, APPL-0607-2020 Page 3 SECTION 2. Environmental Review. The project is categorically exempt from environmental review (Class 3, Section 15303, New Construction or Conversion of Small Structures, State CEQA Guidelines) because the project consists of the construction of one single- family residence and attached accessory dwelling unit within the Office Zone, which allows single- family residential use. 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 (PC) hereby grants final approval to the project with incorporation of 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. A building plan check submittal that is in substantial conformance with submitted project plans and the following conditions of approval shall be submitted for review and approval of the Community Development Department. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions of project approval for ARCH-0543-2019. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Community Development Director. 2. Plans submitted for a building permit shall call out the colors and materials on all elevation drawings of proposed building surfaces and on all other site improvements in substantial conformance to plans and documents provided and presented at the September 14, 2020 Architectural Review Commission hearing. 3. Consistent with the ARC’s motion, plans submitted for a building permit shall include the addition of opaque glass windows or other design feature to the east façade in order to break up the large blank wall, to the satisfaction of the Community Development Director. 4. Consistent with the ARC’s motion, plans submitted for a building permit shall incorporate noise and overlook reducing modifications to the roof deck walls and eliminate open railing facing Broad Street along the roof deck, to the satisfaction of the Community Development Director. 5. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with the building permit application. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific Resolution No. PC-1034-20 1321 Garden Street, APPL-0607-2020 Page 4 locations on plans. All planting shown on the approved landscaping plan shall be installed prior to the release of occupancy. 6. The locations of all lighting, including bollard-style landscaping or path lighting, shall be included in plans submitted for a building permit. 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 ensure that light is directed downward consistent with the requirements of the City’s Night Sky Preservation Standards contained in Chapter 17.70.100 of the Zoning Regulations. Public Works 7. The building plan submittal shall include a complete site plan showing all existing property lines and easements for reference. Easements shall include references to the map or easement recording reference document numbers. 8. The building plan submittal shall include a complete site utility plan. The plan shall show all existing and proposed improvements for reference. The inclusion of previously approved improvement and site development plan sheets noted “as for reference only” may be appropriate. Reference sheets should include reference to the corresponding building permit(s). 9. The building plan submittal shall clarify whether the existing water well will be retained and shall show and note any proposed use. If abandonment is proposed, a permit will be required from County Environmental Health and from the City of San Luis Obispo. If used and developed, the plan shall include all electrical, plumbing, storage systems, etc. for reference. If retained without use, the well shall be secured per City Codes and Standards. If the well is retained, the utility plan shall show the existing or proposed RP backflow prevention for the domestic water services. The well head shall be sealed or extended to 1’ above the BFE in accordance with State Water Resources Regulations regarding protection of the aquifer. 10. The utility plan shall show the required separation between the existing water well and any sewer or storm drain piping in accordance with the California Plumbing Code and prevailing regulations. 11. The site and/or utility plan shall show the PG&E Siren and appurtenances for reference. The site plan shall show and label the PG&E easement and the easement recording reference number. 12. The building plan submittal shall show and note compliance with the City’s Floodplain Management Regulation. This project is located within an AO (2’ depth) floodzone. The building shall be constructed of flood resistant materials or floodproofed to a minimum Resolution No. PC-1034-20 1321 Garden Street, APPL-0607-2020 Page 5 height of 3’ (1’ of freeboard), above the highest adjacent grade. Additional freeboard is recommended for building protection and a potential reduction in flood insurance premiums. 13. Floodproofing of the first-floor hallways and rooms, identified on plans as “office(s)”, is required. Passive flood-resistant construction may be prudent and is recommended for the first-floor areas otherwise provided with “dry” floodproofing. 14. The elevator and elevator equipment shall be shown to comply with the most current FEMA Technical Bulletin. Elevator equipment must be located above the BFE. Protection of the elevator equipment within a “dry” floodproofed shell is not recognized by FEMA. 15. A non-conversion agreement shall be recorded prior to building permit issuance for the garage and first-floor hallway and rooms, identified on plans as “office(s)”, located within the Special Flood Hazard Area. 16. The grading and drainage plan shall show the proposed site drainage. The plan shall show all existing and proposed improvements and easements for reference. The submittal shall include any drainage analysis or previously approved drainage analysis for reference. 17. The building plan submittal shall show all existing trees, including off-site trees that could be affected by the proposed construction. Tree canopies shall be shown to scale for reference. Tree protection measures shall be implemented to the satisfaction of the City Arborist for any trees that could be affected by proposed grading and/or vertical construction. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within a dripline of any tree. A City approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on building plans. Utilities 18. The construction plans for sewer and water services shall be in accordance with the engineering design standards in effect at the time the building permit is approved. 19. Building permit submittal shall include a site utility plan showing the location size of existing and proposed sewer and water services. 20. Recycled water shall be used for major construction activities, such as grading and dust control as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s Municipal Code. Recycled water is available through the City’s Construction Water Permit program. Resolution No. PC-1034-20 1321 Garden Street, APPL-0607-2020 Page 6 21. Projects having landscape areas greater than 500 square feet shall provide a Maximum Applied Water Allowance calculation as required by the Water Efficient Landscape Standards; Chapter 17.87 of the City’s Municipal Code. 22. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and local waste management ordinance to reduce greenhouse gas emissions. 23. A trash enclosure capable of storing the required bins for waste, recycling, and organics shall be provided. 24. The project will be required to provide a plan for the disposal, storage, and collection of solid waste material for both the residential and commercial components of the project. The development of the plan shall be coordinated with San Luis Garbage Company. The plan must be submitted for approval by the City's Solid Waste Coordinator. Indemnification 25. 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 the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner Kahn, seconded by Vice-Chair Jorgensen, and on the following roll call vote: AYES: Commissioners Kahn, Quincey, Shoresman, Vice-Chair Joregensen, Chair Dandekar NOES: Commissioner Wulkan REFRAIN: None ABSENT: Commissioner Hopkins The foregoing resolution was passed and adopted this 10th day of February 2021. _____________________________ Shawna Scott, Secretary Planning Commission