HomeMy WebLinkAboutPC-1011-20 (APPL-0233-2020 -- 1141 Ella St.)RESOLUTION NO. PC-1011-20
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED
BY STEVEN GOSCHKE) THEREBY APPROVING A NEW THREE-
STORY, 3,439-SQUARE FOOT SINGLE-FAMILY RESIDENCE, 967-
SQUARE FOOT ACCESSORY DWELLING UNIT, AND A 1,031-SQUARE
FOOT, FOUR-CAR GARAGE ON A SLOPED LOT, WHICH INCLUDES
REQUESTED EXCEPTIONS FROM THE HILLSIDE DEVELOPMENT
STANDARDS OF THE ZONING REGULATIONS TO ALLOW PORTIONS
OF DOWNHILL BUILDING WALLS TO EXCEED 15 FEET IN HEIGHT
AND TO ALLOW RETAINING WALLS UP TO 12 FEET IN HEIGHT,
WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL
REVIEW, AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JUNE 24, 2020 (1141 ELLA STREET, APPL-
0233-2020)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
meeting was conducted via teleconference, on April 20, 2020, recommending approval of this
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
on hillside lots, pursuant to a proceeding instituted under ARCH-0816-2019, Didier & Beatrice
Cop, applicant; and
WHEREAS, the Community Development Director of the City of San Luis Obispo, on
May 22, 2020, approved the above referenced residential infill project on a hillside lot; and
WHEREAS, on June 1, 2020, Steven Goschke, as a member of the public, filed an appeal
of the Community Development Director’s May 22, 2020 decision approving the project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was
conducted via teleconference, on June 24, 2020, pursuant to a proceeding instituted under APPL-
0233-2020, Steven Goschke, 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-1011-20
1141 Ella Street, APPL-0233-2020
Page 2
0233-2020) of the Community Development Director’s decision, thereby granting final approval
to the project (ARCH-0816-2019), 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 Ella Street
and the other flag lot west of the site, which have retaining walls taller than six feet and
downhill building walls taller than 15 feet.
2. The project is consistent with General Plan Land Use Element policies related to hillside
development (Chapter 1, Section 6.4), because the proposed project is located entirely within
the urban reserve line, keeps a low profile and confirms to the natural slope by setting the
structures into the slope, and minimizes grading by locating the structures as close to the street
as possible while complying with setback standards.
3. The Architectural Review Commission reviewed the project on April 20, 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.
4. The Architectural Review Commission reviewed the project on April 20, 2020 and found the
project consistent with the City’s Community Design Guidelines applicable to hillside
development because the apparent size of exterior wall surfaces visible from off the site are
minimized through the use of single-story and small-scale elements, setbacks, overhangs, and
other means of horizontal and vertical articulation to create shade and shadow, and break up
building forms.
5. The project is consistent with the Hillside Development Standards of the Zoning Regulations
(Section 17.70.090), except those identified for exception, because the grade of the driveway
is 2% within 10 feet of the garage entries and does not exceed 20% for any one section, at no
point is the foundation at a lower grade than the lowest floor line, no decks are proposed with
visible underpinnings, there are no visible support structures proposed, and the structure uses
horizontal and vertical articulation to prevent the creation of large flat building planes.
6. The applicant has provided clear and substantiated evidence that there is no practical way to
comply with the provisions of Section 17.70.090 and that no other feasible alternatives will
result in better implementation of other Zoning Regulations or General Plan policies while
allowing reasonable use of sites subject to hillside regulations. The applicant’s clear and
substantiated evidence includes:
a. Building elevations and section drawings showing the structure’s location relative
to the average natural grade of the site, and how the project keeps a low profile,
including when viewed from a public view at a higher elevation (Terrace Hill Open
Space). The requested height of the retaining walls is necessary for the structure to
demonstrate this low profile, minimize the overall building footprint, and minimize
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 3
additional grading further up the hillside for the single-family residence.
b. Maneuverability and parking studies showing sufficient area for vehicles to exit the
site in a forward direction while keeping the structure as close to the street as
possible.
c. Exhibits and renderings showing the structure as it will be seen from the public
right of way (Ella Street) during the Architectural Review Hearing.
d. Exhibits showing how the project will relate to neighboring properties and
structures regarding solar exposure, shading, neighboring viewsheds, and privacy
impacts during the Architectural Review Hearing.
e. Grading and drainage documents reviewed by the City’s Community Development
Engineering Division that show the project can meet all applicable engineering
standards.
7. Zoning Regulations Section 17.70.090(D) allows for the Director to consider and grant
exceptions to Hillside Development Standards subject to additional findings. The proposed
exceptions to allow portions of downhill building walls to exceed 15 feet in height and to
allow retaining walls up to 12 feet in height are supported based on the following findings:
a. The project complies with and furthers the intent of the Hillside Development
section of the Zoning Regulations because the design preserves the scenic hillside
and the City’s scenic setting by keeping the massing of the building at a low
elevation against the backdrop of Terrace Hill; avoids encroachment into sensitive
habitats or unique resources as defined in the Conservation and Open Space
Element; and protects the health safety and welfare of community residents by
directing development away from areas with hazards such as landslides, wildland
fires, flooding, and erosion by minimizing the building footprint and keeping the
floor area of upper stories above the lower foundations. Setting the upper stories
further back would require expanding the foundation to an area further up the
hillside.
b. The project provides a design solution that is equivalent to or better than the
standards prescribed in this Hillside Development Section for quality,
effectiveness, durability, and safety because the building wall exception allows for
the upper floors of structure to be located closer to the street and allows for a
building footprint of only 22%, which reduces its impact to the site, and the
retaining wall exception facilitates code compliance for driveway slope and egress.
c. The location and design of the features receiving the exception will minimize
impacts to scenic resources and will not hinder opportunities for wildlife habitation,
rest, and movement because the exception allows for the building to occupy a
smaller footprint and to keep the massing of the structure at a low elevation against
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 4
the backdrop of Terrace Hill, and closer to existing urban residential development.
d. The exception will not prevent the implementation of City-adopted plans, nor
increase the adverse environmental effects of implementing such plans, as the
project is limited to residential development on a residential lot, within an existing
residential neighborhood consistent with the General Plan.
e. There are circumstances applying to the site, such as size, shape, or topography,
which do not apply generally to land in the vicinity with the same zoning, that
would deprive the property of privileges enjoyed by other property in the vicinity
with the same zoning because the site is one of only two flag lots along this section
of Ella Street that is below Terrace Hill.
f. The exceptions will not constitute a grant of special privilege (an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning) because the other sloped flag lot on this section of Ella Street below Terrace
Hill are developed with downhill building walls exceeding 15 feet and the retaining
wall exception facilitates compliance with code requirements for driveway slope
and egress.
g. The exceptions will not be detrimental to the public welfare or injurious to other
property in the area of the project, because the project has been reviewed for code
compliance for building and engineering standards, including drainage, and will
not adversely impact neighboring properties’ available solar exposure or visual
privacy.
h. A redesign of the project would deny the property owner reasonable use of the
property because the other flag lot along this section of Ella Street is developed
with a single-family residence of comparable size (square footage), on a smaller
lot, with similar design aspects that would require exceptions under the current
Zoning Regulations, and reasonable use of the subject property would allow for
similar development.
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 Medium-Density Residential
zone.
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:
Planning Division
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 5
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-0816-2019. 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 of all proposed
building surfaces and other improvements on elevation drawings dated January 16, 2020.
3. 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
locations on plans. All planting shown on the approved landscaping plan shall be installed
prior to the release of occupancy.
4. 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 17.23 of the Zoning Regulations.
Engineering/Public Works
5. The building permit plan submittal shall show and label the existing and proposed property
lines and all existing and new survey monumentation for reference. Building and site
improvements shall clarify how property corners and lines are established to the satisfaction
of the City and architect/engineer of record.
6. The building plan submittal shall reference the Common Driveway Agreement per document
number 1997-048520.
7. The building plan submittal shall show and label all existing and proposed private and public
easements.
8. The building plan submittal shall show on the plans that the current 4-foot wide Americans
with Disabilities Act (ADA) compliant disabled access sidewalk meets City and ADA
standards or add a note that the ADA disabled access sidewalk shall be altered or replaced
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 6
per City standard. Projects involving the substantial remodel of existing structures requires
that complete frontage improvements be installed or that existing improvements be upgraded
per city standard (refer to MC 12.16.050). The current driveway appears to meet the current
city and ADA standard.
9. Any sections of damaged or displaced curb, gutter and sidewalk affected by construction
activities shall be repaired or replaced by the applicant to the satisfaction of the Public Works
Department.
10. The building permit application shall include the required Post Construction Requirements
(PCR) checklist to show compliance with any pertinent standards. The checklist is available
at the following link: http://www.slocity.org/home/showdocument?id=5190.
11. The building plan submittal shall include a complete grading and drainage plan and drainage
calculations prepared by a registered or licensed professional. The submittal shall show the
existing and proposed contours and spot elevations to clearly depict the proposed grading
and drainage. The submittal shall show and label the high point elevation or grade break at
the yard areas and drainage arrows to show drainage. The submittal shall include the finished
floor (FF) of the residence/garage, patio finish surface elevation, finish grade elevations and
yard drainage.
12. The grading and drainage plan shall show and label existing structures and grades located
within 15 feet of the property lines in accordance with the grading ordinance. The plan shall
consider historic offsite drainage tributary to this property that may need to be accepted and
conveyed along with the improved on-site drainage. Any improved or altered drainage shall
be directed to the street and not across adjoining property lines unless the drainage is
conveyed within recorded easements or existing waterways.
13. The project drainage report and plans shall include analysis of the run-on from Terrace Hill.
The plans shall show how the tributary run-on will be collected and conveyed in a non-
erosive manner. The plans shall include provisions for a safe overflow. Sheet flow shall not
over top the proposed 2:1 cut slope, unless otherwise approved by the soils engineer and the
project engineer. The plans shall clarify whether a brow ditch, short wall, or other
improvement is necessary to accept and convey the run-on. No work shall be completed
within or needing access to or construction staging within the City owned parcel/Open Space.
14. The building plan submittal shall show compliance with the building code and grading
ordinance for top of slope setbacks from side yard and rear yard property boundaries.
15. A CAL-OSHA permit is required for excavations or trenching greater than 5 feet in depth. A
copy of the annual, provisional, or temporary permit shall be provided to the Building Division
prior to building, utility, and/or grading permit issuance if applicable (refer to California Health
and Safety Code Section 17922.5).
16. The building submittal shall include a complete site utility plan. The utility plan shall show
all existing and proposed on-site and off-site utilities. The submittal shall show the location
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 7
of all overhead and underground utilities along with the location of any utility company
meters. The submittal shall show all existing and proposed improvements located within the
public right-of-way and within the existing private/common driveway, if applicable. The
submittal shall include reference to the permit number that authorized the construction and
inspections for all existing improvements serving this parcel.
17. New wire utility services including electrical service, phone, and cable TV shall be placed
underground at the expense of the applicant. The undergrounding of utilities shall be
completed without a net increase in the number of required wood utility poles.
18. The existing or new water service(s) and water meters shall be sized in accordance with the
approved fire sprinkler plans. The building plan submittal shall clearly label the size of the
existing service, meter vault, and service piping from the meter to the residence for reference.
19. The site development plan, foundation/wall plans, and utility plans shall limit the amount of
disturbance within the root zone/tree canopy of the trees to remain. Tree protection measures
shall be implemented by the applicant to the satisfaction of the City Arborist. The City
Arborist shall review and approve the proposed tree protection measures to be incorporated
into the building plans. A pre-construction meeting with the City Arborist shall be scheduled
prior to building demolitions, tree removals, site grading, wall construction, and building
construction.
Fire
20. The accessory dwelling unit shall be separated from the main home by a 1-hour fire rated
separation both vertically and horizontally. Windows shall not be communicated between
the two unless specifically rated.
Utilities
21. The construction plans shall show any existing or proposed utility easements for water and
sewer services from 1131 Ella Steer within the driveway.
22. The proposed landscape plan shall include maximum allowed water allowance (MAWA) and
estimated total water use (ETWU) calculations per the formula found on the City’s website:
http://www.slocity.org/government/department-directory/utilities-department/documents-
and-files Please include the calculation table within the plan set.
Indemnification
23. 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
Resolution No. PC-1011-20
1141 Ella Street, APPL-0233-2020
Page 8
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 Commissioner Wulkan, and on the
following roll call vote:
AYES: Commissioners Hopkins, Kahn, Quincey, Shoresman, Wulkan, Vice-Chair
Jorgensen and Chair Dandekar
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 24th day of June 2020.
_____________________________
Brian Leveille, Secretary
Planning Commission