HomeMy WebLinkAbout11-18-2014 C13 Resolution upholding appeals of Pacific Courtyard Design
FROM: Derek Johnson, Community Development Director
Prepared By: Pam Ricci, Senior Planner
SUBJECT: ADOPTION OF A RESOLUTION UPHOLDING APPEALS AND DENYING
THE ARCHITECTURAL REVIEW COMMISSION'S APPROVAL OF A
MIXED-USE PROJECT AT 1327 OSOS STREET (ARC 96-13).
RECOMMENDATION
Adopt a Resolution upholding the appeals and denying the project without prejudice, based on
findings of inconsistency with the Historic Preservation Program Guidelines and Community
Design Guidelines.
DISCUSSION
On November 10, 2014, the City Council voted 4 to 0 (Vice Mayor Christianson recused 1) to
uphold the two appeals filed by adjoining property owners to deny the final project design approved
by the Architectural Review Commission on September 8, 2014. One appeal was submitted by
Alice Davis, and the second appeal was submitted by Stewart and Diane Jenkins.
The Council Agenda Report for the appeals indicated that staff would return to City Council with
the appropriate findings to uphold the appeals and deny the project. A resolution has been prepared
for the Council’s adoption with the directed findings for project denial. The resolution includes a
finding that would allow the applicant to submit a revised project design within one year of the
adoption of the resolution for project denial. The resolution also includes the following two
conditions regarding the future review of a revised project:
1. Plans for a revised project design shall be considered by both the Cultural Heritage
Committee and Architectural Review Commission at a joint public hearing.
2. The final decision of the project design shall be subject to the review and approval of the City
Council.
ENVIRONMENTAL REVIEW
On August 19, 2008, the San Luis Obispo City Council approved a Mitigated Negative Declaration
(MND) for the prior version of the project. In this case, the revised project description is updated
through the Addendum approved by the City Council on June 10, 2014 and documentation is
provided that no new significant environmental impacts are created by the modified project.
ATTACHMENT
1. Draft Resolution
1 Councilwoman Christianson recused herself based on the fact the proposed project is within 500’ of her residence.
11/18/14
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RESOLUTION NO. (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, UPHOLDING APPEALS AND DENYING THE ARCHITECTURAL
REVIEW COMMISSION’S ACTION, WITHOUT PREJUDICE, TO GRANT FINAL
APPROVAL TO A MIXED-USE PROJECT CONTAINING NINE RESIDENTIAL
UNITS AND 8,050 SQUARE FEET OF OFFICE SPACE FOR PROPERTY LOCATED
AT 1321 & 1327 OSOS STREET (ARC 96-13)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the in the Council Hearing Room of City Hall, 990 Palm Street,
San Luis Obispo, California, on December 16, 2013, for conceptual review of Planning
Application ARC 96-13, a mixed-use project with nine dwellings and 8,050 square feet of office
floor area and continued the hearing with general direction to the applicant for project revisions;
and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on August 4, 2014, for the purpose of considering revised plans for final
approval and continued action with six directional items; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on September 8, 2014, and granted final design approval to the mixed-use
project; and
WHEREAS, adjacent neighbors Alice Davis and Stewart and Diane Jenkins filed
separate appeals of the Architectural Review Commission’s action on September 18, 2014; and
WHEREAS, the City Council 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
November 10, 2014, for the purpose of considering the appeals of the Architectural Review
Commission’s action; and
WHEREAS, the Council has duly considered all evidence, including the record of the
Architectural Review Commission hearings and actions, the Cultural Heritage Committee
hearings and actions, testimony of interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
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:
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Resolution No. _______________ (2014 Series)
Page 2
1. The project is inconsistent with the Historic Preservation Program Guidelines because its
massing and architectural design is not compatible with neighboring buildings in the Old
Town Historic District.
2. The project is inconsistent with guidance contained in the City’s Community Design
Guidelines, which encourage projects that have proportions and design details that
complement surrounding structures.
3. Consistent with Municipal Code Section 17.64.010 A., the City Council finds that there is
good cause to allow the applicant to submit revised project plans within one year of the
City Council’s action to deny the final project design.
4. The City Council adopted a Mitigated Negative Declaration on August 19, 2008. On June
10, 2014, the City Council approved an Addendum to document the revised project
description and eliminate no longer relevant mitigation measures.
SECTION 2. Action. The City Council hereby upholds the appeals and denies the
Architectural Review Commission’s action without prejudice to grant final approval to the
mixed-use project (ARC 96-13) with nine dwellings and 8,050 square feet of office floor area,
with the following conditions.
Conditions:
1. Plans for a revised project design shall be considered by both the Cultural Heritage
Committee and Architectural Review Commission at a joint public hearing.
2. The final decision of the project design shall be subject to review and approval of the City
Council.
Upon motion of _______________________, seconded by _______________________,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2014.
____________________________________
Mayor Jan Marx
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Resolution No. _______________ (2014 Series)
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ATTEST:
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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