HomeMy WebLinkAbout09-15-2003 ARC Minutes
SAN LUIS OBISPO
ARCHITECTUAL REVIEW COMMISSION MINUTES
SEPTEMBER 15, 2003
ROLL CALL:
Present: Commissioners Greg Wilhelm, Allen Root, Michael Boudreau, Zeljka
Howard, Jim Lopes, David Smith, and Chairperson Charles Stevenson
Absent: None
Staff: Senior Planner Pam Ricci and Associate Planner Jeff Hook
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
APPROVAL OF THE MINUTES:
The Minutes of January 21, and February 18, 2003, were accepted as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
Mary Beth Schroeder, 2085 Wilding Lane, complimented the Architectural Review
Commission and thanked them for their hard work.
There were no further comments made from the public.
PUBLIC HEARINGS:
1. 1772 Calle Joaquin. ARC MOD 92-03; Review of a new 50-foot high illuminated
flag pole; C/OS-10 zone; American Legion Post No. 66, applicant.
Senior Planner Pam Ricci presented the staff report recommending approval, based on
findings, and subject to one condition. She mentioned that she has received some e-
mails and phone calls regarding this request and recited those received from Bruno
Giberti, Cynthia Boche, Mary Wood, Debra Pillsbury and Jodi Ramsland expressing
their opinions that the flag pole location as proposed is inappropriate, each noting their
individual reasons.
Commr. Lopes asked what the height of the KSBY building is.
Planner Ricci replied 35-feet from the ground to the highest point of the roof.
Commr. Howard noted that the 50-foot height would not be compatible with the height of
the building.
Planner Ricci noted that it would be taller than the building.
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September 15, 2003
Page 2
Robert E. Lee, 1665 Higuera Street, addressed the fact that the ARC has asked for
additional information about the Office zone and placing the flagpole in that zone. He
explained they spoke with the General Manager of KSBY who did not want the flagpole
located in the area next to the building because of the noise issue, and they also have
plans for an addition to the building on that side. He mentioned they could move the
flagpole back to the very edge of the rock, which would be 18-feet back from the edge
of the blacktop. He explained they did not want to get too close to the boulder because
of the necessity of having a substantial concrete base to support the 50-foot pole and
noted somewhere within that area would be acceptable.
Rob Rossi, property owner, explained that the courts separated the property in the late
1980’s. He mentioned there is 23 acres that is currently zoned Conservation/Open
Space, but it was zoned differently at the time. He noted that they did not participate in
the rezoning of their portion of the property and probably should have, but they do plan
to do some things on parts of the property in the future and they do not see the 23 acres
as unusable. He explained they felt this was a very appropriate location for the flagpole
because of its visibility and it does not encroach into the KSBY property. He noted they
would like to see it placed in the location that they initially offered.
Commr. Howard asked why a 35-foot pole is not sufficient.
Mr. Lee explained that they have a committed flag that is 10 feet by 15 feet and noted
that according to the protocol for flying flags the depth of a flag could only be one
quarter of the height of the pole, which in this case dictates 40 feet.
Commr. Howard questioned who would be responsible for the maintenance of this flag.
Mr. Lee replied that the flag belongs to the American Legion and they would certainly be
responsible for maintaining this flag.
PUBLIC COMMENTS:
Mary Beth Schroeder, 2085 Wilding Lane, expressed support for the proposed 50-foot
flagpole, which would be illuminated. She expressed thanks to the American Legion
Post 66 for proposing to display the flag in this location.
Stan Gustafson, Commandant of the Marine Corp League, commented that the location
would be good for the visibility and felt that it would not clutter the landscape, but would
show a patriotic nature to the area.
Frank Rowland, Past Commander of the American Legion Post 66, rebutted an e-mail
comment about flying the flag and pointed out some of the things their Post does: every
year they have $7,000 in college scholarships that they give to local students, they
donate $500.00 every year to the Big Brothers/Big Sisters program, and they donate
$3,000 every year to various charities such as the Salvation Army and the Red Cross.
He mentioned they believe in making the Country great by doing things for the
community; they are not displaying an artificial patriotism by flying the flag, but felt this
flag is a symbol of our Country and all of the veterans.
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September 15, 2003
Page 3
Michael Sullivan, San Luis Obispo, presented a letter to the Commission and noted this
is not a hearing of whether it is good to fly the flag or whether the American Legion and
other groups are doing good things. He felt that this proposal is not consistent with
some very significant policies of the city, which he listed in the letter. He noted that a
finding should be made that the exception is consistent with the purpose and intent of
the Sign Regulations. He noted that because of the City’s findings for approval do not
have a factually accurate basis, and because the proposal is inconsistent with the
zoning and General Plan Policies at either of the proposed locations, the City should
deny the request.
John Brotzman, 582 Newman, noted this is an emotional issue and felt there is an
ample number of flags around San Luis Obispo. He mentioned that he is an ex-marine
and was happy to hear that the flag was only 10 feet by 15 feet because he felt when
there is so much red, white, and blue, it diminishes the power of the flag and
desensitizes people to the flag.
Mr. Rossi mentioned that the courts, without going through any subdivision process, put
the line there and did a jurisdictional subdivision, which was never through any
subdivision process.
There were no further comments made by the public.
COMMISSION COMMENTS:
Commr. Howard requested a clarification that the project would require Sign
Regulations exceptions and the location would require exceptions to land use policies.
Planner Ricci explained that it is staff’s position that it would be inconsistent with the
General Plan to approve the flagpole in an Open Space portion of the site.
Commr. Howard asked if there is an exception to the height and an exception to the
lighting.
Planner Ricci explained that there are exceptions available through the Sign
Regulations regarding flagpoles, but there could not be an exception to General Plan
Policies.
Commr. Howard noted the issues that they have to deal with go beyond the visual
impact, which is the ARC’s charge.
Planner Ricci explained it is a crossing over in terms of the height of the pole, which is
regulated by the Sign Regulations.
Commr. Wilhelm felt this is becoming a sign ordinance issue and he is having a hard
time seeing the flag as a conventional sign; it is something more than a sign. He
recounted that his recollection is that the Commission as whole was pretty comfortable
with approving the proposal at its last meeting with the exception of the fact that it is
located in the CO/S zone.
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September 15, 2003
Page 4
Chairperson Stevenson commented that he was hoping that KSBY would allow this to
be moved onto their property because he cannot support this in the Conservation/Open
Space zone. He mentioned that he was prepared to support this flag being 40-feet and
illuminated if it were on the KSBY property.
Planner Ricci noted it has not been fully explored whether or not KSBY would allow this
flagpole on their property.
Chairperson Stevenson expressed a concern that this is a very elevated site and is very
prominent from the freeway, therefore, he did not feel that 50-feet is necessary. He felt
40-feet was appropriate. He mentioned that he shares the public’s concerns that this is
going to be lit 24 hours and felt it is a representation of special patriotism.
Planner Ricci reiterated the General Plan Policy 6.1.2 on Open Space uses and on the
Hillside Policy 6.2.2 Development Standards. She explained this is what is used to
determine whether or not a flagpole is considered development that is subject to this
policy, and noted it did not meet any of the criteria for exceptions that are listed there.
Commr. Wilhelm asked if they would have to classify this as a development to apply
that standard.
Planner Ricci replied yes.
Commr. Wilhelm asked if it were possible to approve this with the condition that it be
located within the Office zone.
Planner Ricci replied that is what the recommendation is.
Commr. Smith felt that a flagpole is not a structure, billboard, sign, development or a
major eyesore and that it is the obligation of this Commission to decide if it fits within the
regulations. He noted he is not prepared to reject this on any grounds that he has
heard.
Commr. Root commented that the open space around San Luis Obispo is an important
treasure, which is what makes this community desirable. He mentioned that he was
prepared to support this flagpole at the lower height with the shielded illumination in the
O-S zone as recommended by staff, but noted he could not support it in the Open
Space area.
Commr. Lopes commented that he supports the staff recommendation that would place
the flag on the Office-zoned property with a 35-foot height limit and no illumination. He
mentioned the direction he would prefer is the denial of this application with the
encouragement that the Legion look for a location within the urban area that is closer to
town and not at the edge of the City that is an Open Space area. He suggested working
with the owners that have development and property that is more essential to the
community. He did not feel that findings could be made for approving this at a height
taller than 35-feet.
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September 15, 2003
Page 5
Commr. Lopes moved to deny the request based on the location within Conservation/
Open Space finding that the project is inconsistent with Land Use Policies on Open
Space Uses, specifically Section 6.1.2. Seconded by Chairperson Stevenson.
Chairperson Stevenson questioned if there is a possibility that this could be continued
so they could explore the possibilities with the KSBY property.
Planner Ricci replied yes, and commented she believes there might be some
opportunities to explore this.
Commr. Howard expressed concerns about setting a precedent in not being consistent
with the General Plan. She mentioned that she could support an illuminated flagpole at
40-feet.
Commr. Boudreau concurred with Commissioner Smith’s comments that the American
flag is not a development or a sign and stated that he supports the applicant’s request.
Commr. Lopes commented that he could support the flag and the lighting if the flag
were more appropriate to the size of the building that would fit into the context of that
development and would conform to the City’s height limit.
Commr. Smith felt that when the General Plan was adopted, the City Council was not
thinking that they would be stopping the American Legion from putting up a 50-foot
flagpole, and suggested they let the Legion proceed with this on the grounds that it
either complies or almost complies.
Commr. Root commented that he could support a 50-foot lighted pole next to the San
Luis Obispo welcome sign, which is on City property. He also mentioned he could
support a larger installation at another location.
Chairperson Stevenson concurred with Commissioner Root.
Mr. Lee stated he did not know what the benefit would be of continuing this and
mentioned that he felt KSBY was not willing to allow it along the side that the
Commission is suggesting. He mentioned they could continue on the benefit of what
Commissioner Root suggested, but noted this is not what they had in mind.
Commr. Wilhelm asked if anyone considered talking to the owner of the station about
occupying one of the parking spaces.
Mr. Lee replied the only space they are willing to offer, is down at the end of the parking
lot and noted a 35-foot pole would not be suitable because it would not be visible.
Mr. Rossi asked if it was possible that under some of these interpretations that a
flagpole could be allowed to be placed on the Office zoning, but right on the line, which
is the 10-feet in between the two possible locations.
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September 15, 2003
Page 6
Planner Ricci replied that if it could be 5-feet from the edge of the pavement that would
be consistent with any question about setbacks and zoning boundaries.
Commr. Lopes questioned if an exception is needed if it is in the setback.
Planer Ricci replied yes, but noted there is 10-feet and the Office zoning requires 5-feet.
Mr. Lee asked if there is a possibility to get an exception to that 5-foot setback and get it
adjacent to the property line.
Commr. Lopes modified the motion and moved to continue the item to a date certain
(October 20, 2003) to allow the applicant and staff to investigate the possibility of a site
on KSBY property either inside or outside the setback that would provide a physical
location, and also add that an effort to focus design locations that would provide a
visible flag at the 40-foot height limit. Seconded by Commr. Root.
AYES: Commrs. Lopes, Root, Wilhelm, Boudreau, Howard, Smith, and Stevenson
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried 7-0.
2. 1716 Osos Street. ARC 18-03; Review of a remodel to a historic structure for use
as a bed and breakfast inn; R-3-H zone; Suzie Kyle/Neta Gladney, applicant.
Senior Planner Pam Ricci presented the staff report requesting the Commission review
the plans for modifications to the front house and continue action on the entire project,
including the proposed rear building, to the meeting of October 6, 2003.
Suzie Kyle, applicant, expressed her desire to get approval on the front house so she
can apply for a building permit, noting the floor plan has been slightly modified to
accommodate guests.
Tim Becher, project architect, addressed questions on the driveway, and clarified that
there would be adequate turn-around area in the back. He noted that the porch has
been enlarged to accommodate complying ingress and egress.
PUBLIC COMMENT:
Mary Beth Schroeder, 2085 Wilding Lane, expressed opposition to the project because
she felt it would lose its historical heritage.
Paul Brown, 1213 Mariner’s Cove, voiced support for the project, and expressed his
opinion that that the site is appropriate for this facility because of its proximity to
restaurants and the railroad station.
There were no further comments made from the public.
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September 15, 2003
Page 7
COMMISSION COMMENTS:
Vice-Chair Boudreau moved to continue this item to October 6, 2003, with the following
direction: modify #5 to read: The ARC supported a 4-foot wrought iron fence above the
existing concrete wall (6.5-foot maximum total height of wall/fence). Add the following
direction items: 6. Clarify the grade of the Jacuzzi and the surrounding deck and the
height of the adjacent fence. 7. Clarify the proposed public art proposal. 8. Consider
variation in the proposed color palette for the building. Seconded by Commr. Howard.
AYES: Commrs. Boudreau, Howard, Wilhelm, Root, Lopes, Smith and Stevenson
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried on a 7:0 vote.
3. Citywide. GPA and ER 33-02; Housing Element Update. Review goals, polices
and programs for Draft General Plan Housing Element Update; City of SLO,
applicant.
Associate Planner Jeff Hook presented the staff report recommending the Commission
receive public comment, review the Draft Housing Element policies, particularly with
regard to design and architectural review, and provide comments to staff. Planner Hook
presented an overhead graphic of the new Housing Element programs and explained
how the Housing Element is consistent with the policies in the Land Use Element.
PUBLIC COMMENT:
Mary Beth Schroeder, 2085 Wilding Lane, expressed her opinion that mixed use
developments are not appropriate in this community.
Steve Delmartini, 962 Mill Street, noted a number of good points in the Housing
Element update, but felt it does not go far enough to address many of his ideas. He
offered some comments on the programs.
Paul Brown, 1213 Mariner’s Cove, expressed concern with the way the City is going
about creating affordable housing and housing in general within the city.
There were no further comments made from the public.
COMMISSION COMMENT:
The ARC discussed the Draft Housing Element policies and programs, particularly
those related to design review. A majority of Commissioners supported a proposed
program to exempt residential projects of 4 units or less from ARC review, but
supported “minor or incidental architectural review” for these projects and the
preparation of architectural guidelines that addressed infill and higher density housing.
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September 15, 2003
Page 8
Commissioners then provided individual comments on various policies and programs in
the Draft Element. No formal action was taken.
COMMENT AND DISCUSSION:
4. Staff:
A. Agenda Forecast:
Planner Ricci gave an agenda forecast of upcoming items.
ADJOURNMENT:
With no further business before the Commission, the meeting adjourned at 9:35 p.m. to
the next regular meeting scheduled for October 6, 2003, at 5:00 p.m. in Council Hearing
Room.
Respectfully submitted by
Irene E. Pierce
Recording Secretary