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06/06/2006, PH 5 - APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S (ARC) CONDITION OF APPROVAL TO REQUIRE ABANDONMENT
council Mdi"D� te acenaa uepoRt C I T Y OF SAN LU IS O B I S P O FROM: John Mandeville, Community Development Director Prepared By: Philip Dunsmore, Associate Planner SUBJECT: APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S (ARC) CONDITION OF APPROVAL TO REQUIRE ABANDONMENT OF A DRIVEWAY FOR APPROVAL OF A SERVICE STATION REMODEL: CHEVRON PRODUCTS, APPLICANTS & APPELLANTS; 328 MARSH STREET. (ARC 230-04) CAO RECOMMENDATION Adopt a resolution upholding and modifying an ARC condition, thereby reducing the width of an existing driveway approach, rather than abandoning it.. DISCUSSION Situation The City has received an appeal of an Architectural Review Commission's condition of approval to abandon a driveway as part of a proposed development plan to remodel the Chevron service station at the corner of Marsh and Higuera Streets. Architectural Review Commission Action Chevron is proposing to remodel the existing service station by replacing the service bays with a convenience store and changing some building details, parking areas and landscaping. The ARC reviewed this project on April 3, 2006 and granted final approval to the remodel based on findings and subject to conditions (Attachment 4, 5 and 6). Condition No. 4 required the abandonment of a 30-foot wide driveway that allows vehicles to enter the station from Marsh Street nearest the corner of Marsh and Higuera. Appellant's Position On April 10, 2006, the applicant filed an appeal requesting that the Council eliminate or modify Condition No. 4. The appellants believe that the driveway (one of four access driveways) is a necessary component on the project to allow adequate vehicular circulation. Additionally, the appellant felt the condition was added as an afterthought without a nexus to traffic concerns: As noted in the appellant's statement (Attachment 3), removal of the driveway was not a condition that resulted from traffic impacts, but instead was incorporated by planning staff and the ARC to enhance the site plan by allowing more area for landscaping near the intersection. However, Public Works staff endorsed removal of the driveway and acknowledged that on-site circulation would not Council Agenda Report—32(, .darsh Street \ Appeal of ARC action on ARC 230-04 Page 2 be impacted since there are three other very wide driveways. Additionally, Public Works staff noted that the removal of the driveway would enhance the Marsh Street landscape while eliminating a marginally operable driveway. However, removal of the driveway was not mandated due to existing traffic impacts. Evaluation The attached ARC report (Attachment 5) contains a complete evaluation of the proposed remodel. Condition No. 4, requiring the abandonment the 30-foot wide southwesterly driveway approach was incorporated to allow the landscape area at the corner of Marsh and Broad to be expanded, while eliminating a driveway approach that staff felt was too close to the corner at Marsh and Higuera. Additionally, elimination of the driveway approach would have allowed for an additional street tree. The condition was incorporated in response to the applicant's proposed site plan that included changes to the parking area that would have reduced the size of the prominent landscape planter at the corner. The ARC discussed the proposed condition and determined that elimination of the driveway approach was an appropriate solution to allow the landscape planter to be retained and expanded. IT y YAPD u)HT DETAIL _�s I I w , Existing and proposed I `.......... �. landscape area (t naso —� I I 11 �� 1 �� F.F. rr Existing and proposed fx*,tj- dr;vewa -- Q _ P driveway remain n MARSH STREET -, <; Proposed (revised)site plan for Chevron at 328 Marsh Street r �J ^ Council Agenda Report—3/.,-,v arsh Street � Appeal of ARC action on ARC 230-04 Page 3 Planning Staff consulted with Public Works staff regarding removal of the driveway and Public Works staff supported the condition, but acknowledged that there are not significant traffic impacts that warrant the driveway removal. However, it was noted that the location and usefulness of the driveway is marginal and that its removal would allow for enhanced pedestrian access on the sidewalk and another street tree. Following the ARC hearing, the applicant reinforced to staff the importance of preserving the driveway approach to allow for adequate vehicular circulation during truck deliveries and other situations. As a compromise, the applicant proposed a plan (shown above) that reduces the width of the driveway from 30 feet to 20 feet, therefore allowing the landscape planter to be retained and expanded while maintaining adequate vehicle access. Staff supports the compromise since it allows for a reasonable landscape area while pulling the driveway further from the corner of Marsh and Higuera, therefore satisfying staff and ARC concerns. The compromise can be implemented by modifying condition 4 as follows: 4. The landscape area at the corner shall be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. A modified landscape plan that includes new trees and shrubs shall be submitted with construction documents. The westerly driveway approach on Marsh Street shall be wed reduced in size to accommodate this. CONCURRENCES Public Works staff has reviewed the revised proposal.for a reduced width driveway and supports the plan as proposed. Since the driveway is not a required access driveway, and the existing driveway does not create significant traffic impacts, Public Works staff would support removal or retention of the driveway. FISCAL IMPACT No significant fiscal impact is anticipated as a result of action taken on this appeal because preserving or eliminating the driveway will not result in significant impacts to the existing service station or City maintained infrastructure. ALTERNATIVES 1. Adopt a resolution (Resolution `B") denying the appeal and finding that elimination of the driveway is necessary to enhance the aesthetic appearance of the site plan and to reduce potential traffic impacts. 2. Continue the item for additional information or study, and specify the additional information or analysis needed. There is no mandated deadline for action on this item. The item could be referred back to the ARC for further discussion. - 3 r - Council Agenda Report—32S _.tarsh Street Appeal of ARC action on ARC 230-04 Page 4 ATTACHMENTS Attachment 1: Vicinity map Attachment 2: Reduced-scale Project Plans Attachment 3: Appeal statement Attachment 4: Minutes from the ARC Meeting on April 3, 2006 Attachment 5: ARC Staff Report dated April 3, 2006 Attachment 6: ARC approval letter from April 3, 2006 Attachment 7: Draft Resolution "A"- upholding the appeal Attachment 8: Draft Resolution `B"-denying the appeal GAPdunsmoreWRCARC1230-04(328 Marsh;Chevron)\230-04(CC appeal 6-6-06).doc ohm 0 R.3-H C-D 1 C-R vo C-R C-R-S Pg R CS U csto QPo C-SM u GOS-S Q R C W GS Q,y�O C-S-Mu c-s VICINITY MAP File No. 230-04 - N 328 Marsh A I9 111 �fl��1l�a� �# I11i1 wr 'moo 000000 0 one a 1 ��� Inc `accoco o mal G� f , � ,call■ 0 one Unocal n ®oC Ma® uof I�III■ j 0 ■on 988888 8 Ria ; .ri nnn TeRo2e ri <«n . lei l,r IL jrj a i .ac � �iho4 r it , r zt ■ w r WA 73� a t Y n n' a .. a ��`� i'y a n 1lt•Y s 3 tj I Th xo V::= •iii! s y6i ui¢Ve� f ly w�x�_` ao�dc 6 iiiGGG F !-5vi. °6pi Jr'i3�F;E i� 1F:Ryy11 p .. 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U y r•�n"YM ' I`y�yll �n1g�YYY)Q ��,¢d1g''� ve tl UL I � 1 I FF till ■, t i y 1 M'vp�F gm _ , t Ill cMates¢a��2g3cJ�aipapl{W�Caglpt6 kd��_�AdRIeY�yCT6 21p11 INA `n h a r 8g kEI hYR`' rat�, i g1, p pii 9N�V.S�C�p��LpH"I1SM: �C�•� wr�aa, o� 9k i n y MrVIM o" 11414.A,, � l� ,� �'7Gt� ,xs�rb2 , ,°4° i q bl '4yt R«+ W. I ��i�t�N�I'�tk��SSy54 PU����I fi�,�tr>'tx'^}�k?�i �y)1j ,_yy� �499bpVtl�M �g�N�I�� •x� r 120,14?�u4 q�`� M ��9�3y��[�u� q��� • �t�yK a�"'% �7F 'n pC�Sy/ `Pne^,�i i Y " pSRp�,�JEf��p1 v} • Y h ( 1 �• Attachment 3 .b, T LARCHITECTURE ENGINEERING ENV IRONMENTALISERVICES GROUP INC. 2401 E. Kagella Blvd., Suite 400,Anaheim, CA 92806 Telephone: (714) 935-0050 Facsimile: (714)935-0051 John W.Johnson April 10,2006 Co'Aesidws RECEIVED Archtteu Julie O'Connor Office of the City Clerk APR 1 U 100 Brian F.Zito City of San Luis Obispo Co-President 9901 Palm Street `S� CITY CLERK Archkedx San Luis Obispo,CA 93401-3249 John B.Hicks RE: Appeal to the City Council Kce President ARC 230-04 328 Marsh Street Dear Ms.O'Connor: Please find attached the required forms and submittal fee of$100.00 to appeal for the removal of Region Managen Condition Number 4 from the decision of the Architectural Review Commission on Project Brad A.Gubser Number 230-04. This condition specifically requires the elimination of the westerly driveway on Jesse L Macias Marsh Street. We feel that this condition should not be required for the following reasons: Roy W.Pedro 1. The removal of the driveway is being driven by the Planning Departments desire for Alan K Shimabukuro more landscaping on the site,not by any safety requirements from the Public Works or John W.Strobel Transportation Departments. 2. Previous planning discussions with the Public Works Department indicated that the only improvements that the project would require would be the improvements to the pedestrian crosswalks. We had agreed to these requirements prior to the hearing date. 3. This new condition was added by the Planning Department at the last minute,without time to discuss it prior to the hearing date. Our copy of the staff report was received in e afternoon mail on Thursday March 30. The meeting was held on the following y. This was simply not enough time to be able to meet with staff on this unexpected change. 4. We believe that an alternate design solution should be considered that will add the desired landscaping without the need to close the driveway. The proposed alternate site plan has been reviewed and approved by both the Planning and Public Works staff,and has been attached to this appeal for Council review and approval. Offices Please feel free to contact me with any questions or problems. We look forward to being on the ANAHEIM,CA next available agenda. BELLEVUE,WA Respectfully, CAMAS,WA DENVER,CO RHI.DESIGN GROUP,INC. MARTINEZ,CA PETALUMA,CA Tamara Fenner ROSEVILLE,CA Entitlements Manager SCOT[SDALEV AZ www.rhldesign.cam � q Attachment 4 SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION MINUTES April 39 2006 OATHS OF OFFICE: Deputy City Clerk Julie O'Connor administered oaths of office to reappointed Commissioner Allen Root and new Commissioners Steven Hopkins and Anthony Palazzo ROLL CALL: Present: Commissioners Greg Wilhelm, Allen Root, Michael Boudreau, Jim Lopes, Steve Hopkins, Anthony Palazzo and Chairperson Zeijka Howard Absent: None Staff: Associate Planner Phil Dunsmore and Recording Secretary Jill Francis ACEPTANCE OF THE AGENDA: The agenda was accepted as modified. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS: 1. 919 Palm Street: ARC 193-01; Discussion of possible changes to the Morro Street elevation of the Palm/Morro Office/Parking Structure; C-D zone; Copelands Properties, LLC., applicant. (To be continued to April 17, 2006) (Pam Ricci) This item was continued to April 17, 2006, without discussion, to allow the project architect additional time to prepare elevations showing alternate ways that additional vertical articulation could be added to the Morro Street elevation of the building to provide a more distinct edge to the two brick colors. 2. 328 Marsh Street. ARC 230-05; Architectural review of a service station, changing service bays to a convenience store, and site improvements including signage; C-R zone; Chevron Products Co., applicant. (Phil Dunsmore) Associate Planner Phil Dunsmore presented the staff report recommending approval of the design of the remodel, based on findings and subject to conditions and code requirements, which he outlined. PUBLIC COMMENTS: Tam Fenner, applicant's representative, spoke in support of the project, offered to answer any questions, and testified that the driveway could not be deleted for vehicular IO ARC Minutes - Apdi 3, 2006 Attachment 4 Page 2 and truck access and that they did not agree with that condition. There were no further comments from the public. COMMISSION COMMENTS: The Commission agreed with staff that the comer landscape planter should not be diminished in size and should instead be increased in size. They also discussed minor changes to the storefront architecture and added conditions to require minor facade changes. Commissioners Lopes and Howard did not agree with the philosophy of a prominent gas station at this location unless the entire site was to be modified to conceal the fuel islands. Commr. Lopes asked how these plans relate to the previously reviewed plans, questioned the hazardous materials removal since the site is going from maintenance bays to customer shopping, and questioned why the entry to the store is off center. Commr. Root questioned pedestrian crosswalk improvements, the roof line and the trash enclosure. Commr. Palazzo questioned the reason for the change to the roof line and suggested the front of the structure be more in line with the craftsman style. Commr. Boudreau asked about the different window heights and the lighting spacing. Commr. Wilhelm expressed the importance of the landscaping at the south end of the property, including the apron. On motion by Commr. Wilhelm to approve the design of the remodel, with an added condition to eliminate the southerly driveway on Marsh Street.; added landscaping (minimum 12 feet),-investigate exterior Iidhtino, develop a more appealing entrance with added wainscoting, stucco and window definition. Seconded by Commr. Root. AYES: Commrs. Wilhelm, Root, Boudreau, Hopkins and Palazzo NOES: Commrs. Howard and Lopes ABSENT: None ABSTAIN: None The motion carried on a 5:2 vote. 3. 4450 Broad Street. ARC 194-05; Conceptual review of a proposed business park development including a total of 74,883 square feet of a new commercial floor area; C-S zone VFP-Broad Street LLC., applicant. (Phil Dunsmore) Associate Planner Phil Dunsmore presented the staff report, directed the Commission to refine their discussion to the conceptual review items outlined in the staff report; and Attachment 5 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT rrEM#2 BY: PhilimD nsmore, Associate Planner(781-7522) MEETING DATE: April 3, 2006 "JF FR FROM: Pam Ricci, Interim Deputy Director, Development Review FILE NUMBER: ARC 230-04 PROJECT ADDRESS: 328 Marsh Street SUBJECT: Review of plans to remodel the existing service station building with a new convenience store and site improvements. SUMMARY RECOMMENDATION Approve the design of the remodel, based on findings, and subject to conditions and code requirements. BACKGROUND Situation The ARC reviewed a similar request for this site on March 14, 2005. At that time, Chevron wanted to demolish the existing service station and fuel pump islands.and rebuild these features with a new design. The ARC offered feedback to the applicant and recommended significant project changes to reconfigure the proposed improvements (see Attachment 3, ARC action letter). Now, instead of reconfiguring the site as directed by the ARC, the applicant has scaled back the project to retain the existing fuel island canopy and building in their current locations. The current proposal is to remodel the main building to accommodate a larger convenience store in place of the existing service bays. While plans show changes to parking, landscaping and lighting, there are no significant architectural changes proposed to the main building or fuel island canopy. At this time, the applicant is seeking final ARC approval of the service station remodel. Data Sununary Address: 328 Marsh Street Property Owner/Applicant: Chevron Representative: RHL Design Group, Tam Fenner Zoning: C-R(Retail-Commercial) General Plan: General Retail Environmental status: Categorically exempt per section 15302 Replacement or Reconstruction (Class 2) of the CEQA guidelines. ARC 23ao4 Attachment 5 328 Marsh Street Page 2 Site description The 0.40-acre pie-shaped property is developed with an existing Chevron service station where Marsh and Higuera Streets converge. The site currently contains three fuel islands with a canopy and a main building containing a small convenience store and two service bays. An auto parts store is located behind the service station on an adjacent property. Y .q uB r Y III } Existing service station at 328 Marsh Project Description The remodel includes the removal of existing service bays and the creation of a larger convenience store within the same building. New stucco, paint and trim are included in the store remodel. No changes to the building footprint are proposed and the existing roof structure with clay tiles is proposed to remain. No changes are proposed to the fuel island canopy (other than a revised trim color) with only minor changes to the fuel islands. Other changes include an enlarged trash and recycling area with ground mounted mechanical equipment, reconfigured parking, and reconfigured landscape areas.New lighting and new signs would also be installed. EVALUATION This site has been the location of a gas station since the early 1900's. Today, it is an important location in that it serves as the entryway to the City's historic downtown from Highway 101 and Higuera Street. The property is extremely visible since it lies at the intersection of Higuera and Marsh Streets which is a location known for high traffic volumes. Staff has concluded that the level of improvement is appropriate for the scope of the current project and necessary to clean up and update the building. The main concern discussed in this report is the importance of retaining a moderately-sized landscape planter at the corner of Marsh and Higuera and the necessary site changes to accommodate this goal. Attachment 5 ARC 230-04 328 Marsh Street Page 3 Given that the project scope has dramatically changed, the evaluation presented in the following, paragraphs analyzes the currently proposed remodel, rather than a complete site redevelopment as previously proposed. 1. Consistency with the General Plan and Zoning In order to grant approval, the project must be found consistent with the City's General Plan and Zoning Ordinance while complying with the provisions of the Community Design Guidelines. The existing and proposed use is consistent with the site's land use designation of General Retail and zoning designation of C-R, Retail-Commercial. 2. Site Development Standards The proposed design complies with Zoning Ordinance standards for lot coverage, building height and yard requirements. The Retail-Commercial (C-R) district does not have minimum setbacks unless the property is adjacent to other zoning districts (such as residential) that have setback requirements. This property is not subject to side rear, or street yard setbacks. There are no lot coverage maximums for this site. The convenience store requires vehicle parkingat the ratio of two spaces for employees and one space per 500 square feet of gross floor area. Based on the proposed plans, the total parking requirement for this site has been calculated at 6 vehicle spaces. The site plan provides six parking spaces and one of these spaces is reserved for disabled persons. Bicycle parking is proposed in the form of a single bike rack at the south side of the store. Because of the site's convenient location at the gateway to the downtown, staff recommends incorporating two additional inverted-U racks near the storefront. 3. Main Building Design and Colors Staff has attached the Community Design Guidelines chapter 3.4 D (Attachment 5) for specific gas station design criteria. The following section discusses the proposed building remodel to ensure consistency with the Guidelines at this significant gateway to the downtown. The proposed new convenience store utilizes a stucco finish with dark bronze anodized aluminum storefronts. The proposed wall color will is an off-white color known as "Cafe Au Lait" accented by a light tan color known as "Nutmeg" with a 6" wide cranberry colored band at the storefront. New "Mission bell" styled lighting is proposed for the walls. The roof will remain unchanged except for the removal of an "eyebrow" roof feature above the storefront and a color change for the trim from blue to nutmeg. Staff believes the color and material changes for the storefront improve its appearance and are appropriate at this visible location. The existing aluminum storefront and service bays give the building an outdated look. The remodel will allow for a larger convenience store to be incorporated within the existing space while modernizing the overall appearance of the building. The remodel -- Attachment 5 ARC 230-04 328 Marsh Street Page 4 also eliminates the auto repair services, which may be convenient for some, but are better located in a service commercial zone, rather than a gateway to the downtown. Staff believes the remodel is consistent with the Community Design Guidelines and should be approved as proposed. 4. Trash and Utility enclosure The existing site currently contains a trash and utility enclosure on the north side of the building. This enclosure is proposed to be enlarged to accommodate an additional dumpster for recycling and to accommodate additional mechanical equipment. The enlarged enclosure will be constructed of matching brick (slumpstone) and a painted steel gate. A new trellis is proposed to be constructed atop the enclosure to enhance the design and provide further screening. The landscape plan includes new screening shrubs and climbing vines to soften the appearance of the enclosure. The existing tree adjacent to the enclosure,which significantly screens this side of the building, will remain. Replacement antennas are also proposed at the rear of the enclosure. The antennas are utilized by the store for communication purposes. The site currently contains such antennas and staff believes the existing landscape and trellis design appropriately screen the replacement antennas. 5. Landscaping The site currently contains ample and mature landscaping. The new site plan retains some of the existing landscaping, however some landscaping will need to be replaced following construction. Additionally, the landscape planter at the corner of Marsh and Higuera is proposed to be reduced in size to accommodate a reconfigured parking area. The applicant is proposing new landscape, including trees, in this area. Staff is supportive of enhancing the landscaping here, but does not support reducing the size of the landscape area. One way that an adequate buffer between the proposed parking area and the street could be created would be to eliminate the westerly driveway on Marsh Street nearest the comer so that the parking may be pushed closer to the fuel islands, increasing the depth of the landscape area. Additionally, this would allow for another street tree to be added on the Marsh Street frontage at the location of the driveway. During the March 2005 review of this project site, the ARC asked that a maximum of three driveways be retained on the site. The site currently contains 4 driveways. Elimination of the driveway would be consistent with previous ARC direction. Furthermore, the Public Works Department has reviewed the potential elimination of the driveway and agrees that it would not adversely either impact on-site or off-site circulation. Staff recommendations for landscape: 1. The landscape area at the corner should be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. The westerly driveway on Marsh Street should be eliminated to accommodate this and a new street tree planter with a street tree should be incorporated. 2. A street tree shall be replaced on Higuera Street where there is a vacant tree planter. 3. Existing cypress trees at the north and south sides of the building shall remain in place and be pruned (cleaned up) prior to occupancy of the convenience store. 5.�L� r Attachment 5 ARC 230-04 - 328 Marsh Street Page 5 6. Lighting A new lighting plan with a photometrics analysis has been provided on a full size sheet of the plans. The applicant has also provided some specification sheets for proposed light fixtures. As proposed, the photometrics plan demonstrates that the lighting will not produce off site glare that exceeds one foot-candle. Additionally lighting below the canopy and within the parking area averages less than 10 foot candles. These illumination levels are consistent with City policy included in the Community Design Guidelines. The design of the new lighting includes new Mission style lighting for the walls of the new convenience store, new lighting below the canopy,and new pole lights. Since the style and design of the new pole lights is not apparent on the plans, staff has included a condition of approval that pole lights not exceed 15 feet in height and the design of the fixture complements or matches the proposed building lights. Staff recommendations for lighting: 1. The pole lights shall not exceed 15 feet in height and shall complement or match the design of the proposed wall lighting. 6. Signs The proposed plans identify a single wall sign over the storefront and a new monument sign. The wall sign complies with the sign regulations since it is less than 30 square feet in area and the sign regulations allow up to 100 square feet. The monument sign, however exceeds the maximum sign area allowed in the C-R district. The proposed sign area is approximately 30 square feet. Maximum allowed sign area is 12 square feet. However, the 10-sqaure foot price sign is exempt from the regulations, therefore the "regulated" sign area is proposed to be 20 square feet. Staff believes that the price sign and the Chevron logo should be allowed, however the Extra Mile logo portion should be removed from the monument sign. This will create a monument sign with a 20 square foot face, with 10 square feet exempt from the regulations. Therefore the regulated sign area would not exceed the 12 square foot maximum allowed in the C-R zone. The sign regulations criteria is listed below: ProR22d signs S!O Re ations Maximum One wall sign: 30 square feet Wall signs may not exceed 100 square feet or 15% of building face. Monument sign four feet in height and 4 feet in height and no more than 12 square feet in approximately 30 square feet in area (price signs area are exempt) A+tachment 5 ARC 230-04 = 328 Marsh Street Page 6 Staff recommendations for signs: 1. Allow a monument sign with a maximum height of.four feet and a maximum area of 22 square feet including a price sign. OTHER DEPARTMENT COMMENTS The plans were routed to other City departments, including Public Works, Transportation, Street trees, Utilities and Building. The Building Division accepted the design without comments. The Utilities Department has accepted the proposed improvements with standard code requirements. The Public Works Department concurs with staff on the elimination of the westerly driveway on Marsh Street. The Transportation Division will require pedestrian crosswalk improvements to be incorporated at Marsh and Higuera Streets in order to accommodate the increase in pedestrian traffic due to a change from a service station to a convenience store. ALTERNATIVES Continue the item and offer feedback to staff and the applicant on specific changes that should be incorporated into the project. RECOMMENDATION Approve the design of the remodel, based on findings, and subject to conditions and code requirements. Findings 1.. The remodel is not significant in nature and will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity given the site's location at a major gateway to the downtown. 2. The service station remodel conforms to the General Plan and meets Zoning Ordinance requirements because the service station and convenience store is currently an allowed use within the C-R zone at this site. 3. As conditioned, the proposed remodel is consistent with the Community Design Guidelines since the lighting plan complies with maximum light levels, changes to the building improve its appearance, and a large landscaped planter with enhanced planting is provided. 4. The level of improvements is exempt from environmental review, consistent with CEQA Guidelines section 15303, New Construction or Conversion of Small Structures since no new buildings will be constructed and the existing service bays will be replaced with a convenience store. Conditions S ' Attachment 5 ARC 230-04 328 Marsh Street Page 7 1. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design and appearance, and/or (2) address a construction design issue or building code discrepancy that is not substantive to the Architectural Review approval. 2. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. Public view includes the existing views from all public streets and sidewalks. Gas and electric meters, electric transformers, and large water piping systems (backflow prevention devices) shall be completely screened from public view with approved architectural features and/or landscape plantings and/or placed on the interior of the structure. 3. No trees shall be removed from the site unless otherwise approved by the Community Development Director and the City Arborist. 4. The landscape area at the comer shall be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. The westerly driveway on Marsh Street shall be eliminated to accommodate this and a new street tree planter with a street tree incorporated. 5. A street tree shall be replaced on Higuera Street where there is a vacant tree planter north of the proposed convenience store. 6. Existing cypress trees at the north and south sides of the building shall remain in place and be pruned (cleaned up) prior to occupancy of the convenience store. 7. The lighting plan shall be designed to comply with the photometrics plan approved by the ARC as shown on the conceptual plans. All light fixtures shall be designed to provide full cutoff shields with horizontally mounted light sources. Vertically mounted light sources and protruding lenses are more likely to produce off site glare and shall not be utilized. 8. Canopy lighting fixtures shall be fully concealed in the structure so that light is properly directed downward. 9. Pole lighting shall be a maximum of 15 feet in height and designed to match or complement wall lights with a decorative "Mission theme" design. 10. The monument sign shall be designed with a maximum height of four feet and a maximum area of 32 square feet including a price sign. 11. The remodel of the existing building triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the s. � � g Attachment 5 ARC 230-04 - 328 Marsh Street Page 8 sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. Code Requirements The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Public Works 1. Projects involving the construction of a new structure or the substantial remodel of an existing structure requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. 2. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 3. The existing driveway approach shall be verified as complying with ADA and city standards for accessibility and compliance with current city standards. If not accessible, the approach shall be altered or upgraded to comply with current standards. The current city and ADA standard requires a 4' accessible sidewalk extension behind the ramp. 4. Because public right-of=way does not exist beyond the back of sidewalk, a pedestrian access easement is required to accommodate the ADA sidewalk extension. The required easement shall be recorded prior to building permit issuance. The applicant shall provide current ownership information, a legal description, and any required exhibits necessary to define the area of the easement. 5. The new or altered driveway approaches shall honor the requirement for a minimum 10' driveway approach depth as required for commercial development sites. 6. The existing curb ramp shall be altered or upgraded to comply with current city and ADA standards. New curb ramps will be required at any new pedestrian crossings as established by the Public Works Director. 7. The project is located in the Mission Style Sidewalk District of downtown. Any replaced sections of sidewalk, curb ramp, or driveway approach shall be constructed with the Type 2 Mission Style per city standards. Because of the expected patching with Mission Style, the applicant is encouraged to.replace all existing improvements in the Mission Style. 8. The existing damaged retaining wall located at the back of sidewalk shall be repaired or replaced to the satisfaction of the Public Works Director. '19 ARC 230-04 — — a A?tachment 5 328 Marsh Street Page 9 9. The building plan submittal shall correctly reflect the right-of-way width, location of frontage improvements, front property line location, and all easements. All existing frontage improvements including street trees shall be shown for reference. City records and the ARC package do not agree for the property line location along Marsh Street. Provide a public pedestrian easement or offer of dedication for the public sidewalk along Marsh Street if not otherwise included with a previous street widening. 10. The building permit plan submittal shall include all required parking lot improvements, dimensions, space dimensions, materials, space and aisle slopes, drainage, pavement marking, signage, and striping in accordance With the Parking and Driveway Standards and disabled access requirements of the CBC. Signage requirements may include but are not limited to directional signage and the possible upgrade to add and/or relocate the off-site "One Way" signage at the prospective driveways. 11. It is expected that the scope of remodel and alteration will require the installation of an automatic fire suppression system in accordance with the UBC and UFC as amended for the City of San Luis Obispo. As such, the building plan submittal shall show the location of the fire service lateral, double-check assembly, and fire department connection (FDC) on the site utility plan. Show the location of the fire riser room and interior fire riser in accordance with the ARC approvals and/or the Planning Divisions architectural guidelines. Provide access to the fire riser and appurtenances in accordance with the UFC and as approved by the Fire Marshal. Clarify to the satisfaction of the Fire Marshal whether an FDC should be provided at the double-check assembly or on the building. 12. The external double-check assembly may not be required in favor of an internal device if the riser enters the building not more than 25' from the front property line. 13. The building plan submittal for the parking lot alterations shall show and note compliance with Engineering Standard 1010B for Storm Water Quality Management. This code requirement is applicable to existing and/or redeveloped sites where the total area of impervious surfaces is more than 10,000 square feet. An upgrade to the existing facilities and improvements is required. 14. The building plan submittal shall include additional plan information and a summary regarding post-development stormwater treatment in accordance with Engineering Standard #1010.13, current engineering practices and BMP's. See the California Stormwater Quality Handbook Section 5 for reference of appropriate BMP's. 15. The existing concrete swale and catch basin located at the driveway approaches may need to be removed and replaced with approved trench drains and/or catch basins with filter inserts. The proposed plan shall include a maintenance plan and schedule to be implemented by the owner or tenant. Attachment 5 ARC 230-04 = 328 Marsh Street Page 10 16. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new structures or the substantial remodel of existing structures.shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city's Flood Damage Prevention Regulations per Municipal Code Chapter 17.84. 17. This property is located in an A Flood Zone, the water surface or base flood elevation (BFE) of a 100-yr storm ranges from approximately 175' to 177'(NGVD 29) across this site. The structure must be constructed and/or floodproofed to an elevation that is at least one foot above the BFE. Additional freeboard to 2' above the BFE may result in additional savings on flood insurance and is encouraged. A previous elevation certificate was completed with a BFE of 176' (NGVD29). This BFE shall be justified by a licensed surveyor to the satisfaction of the City Engineer.. 18. All utilities, including but not limited togas, electrical panels, telephone panels, sewer laterals, water service, fire service, and utility conduits entering the structure must be sealed to preclude infiltration of floodwater. Building service equipment such as electrical services, water heaters, forced air units, heat pumps or condensing units shall be elevated or otherwise protected by floodgates. Sewer backwater valves shall also comply with the California Plumbing Code. 19. The building plan shall show a protected and secure storage area for all required floodgates. The existing and/or proposed floodgates shall be demonstrated as complying with FEMA and the Flood Damage Prevention Regulations prior to final inspection approvals. Street Trees 20. Existing trees are to remain with the exception one small carrotwood street tree located in the proposed drive way. Removed trees shall be mitigated by adding three more trees of appropriate size to the proposed landscape plan. One tree is to be located in the planter island' next to the handicap parking space. One tree is to be located next to the building on the marsh street frontage and one in the planter in front of the air water fill up next to the frontage sign. I recommend choosing species that will remain relatively small at maturity due to the small growing spaces but that will provide some shade. Trees are to be planted to city specifications. Transportation 21. To accommodate the additional pedestrian traffic anticipated by,the addition of a convenience store, the developer shall design for and install (to the approval of the Public Works Director) an ADA accessible path, crosswalks,pedestrian signal heads and pedestrian push buttons from the project site at the northeast comer of Marsh and Higuera Streets through the landscaped island in the intersection to the southeast comer of Marsh and Higueia Streets. ARC 230-04 -" .J Attachment 5 328 Marsh Street Page 11 Utilities 22. If a larger water meter is required, Water and Wastewater Impact Fees will be charged, based on the increase in size. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "first-come, first-served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. 23. The garbage company may have concerns regarding the configuration of the trash enclosure. Since trash and recycling are collected by separate trucks, the positioning of one receptacle behind the other appears to be problematic. The applicant shall get approval from the garbage company relative to the size, location, and configuration of the trash enclosure. ATTACHMENTS Attachment 1- Vicinity Map Attachment 2-Reduced Scale Plans Attachment 3-Lighting specifications Attachment 4- ARC review direction and minutes from March 14, 2005 Attachment 5- Community Design Guidelines chapter 3.4 D Full size plans were distributed to the ARC and are available for review at the Community Development Department. pI� N p Attachment 6 I���IIVIIIIIIIIIIIII�II� U I� �I UIIII�II Isij City Of SAn WIS OBISW 990 Palm Street, San Luis Obispo, CA 93401-3249 April 5, 2006 Chevron Products Co. 145 S. State College Blvd. Brea, CA 92822 SUBJECT: ARC 230-04: 328 Marsh Street Architectural review of a remodel of a service station, changing service bays to a convenience store, and site improvements including signage Dear Chevron Products Co.: The Architectural Review Commission, at its meeting of April 3, 2006, granted final approval to your project, based on the following findings, and subject to the following conditions, and code requirements: Findings 1. The remodel is not significant in nature and will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity given the site's location at a major gateway to the downtown. 2. The service station remodel conforms to the General Plan and meets Zoning. Ordinance requirements because the service station and convenience store is currently an allowed use within the C=R zone at this site. 3. As conditioned, the proposed remodel is consistent with the Community Design Guidelines since the lighting plan complies with maximum light levels, changes to the building improve its appearance, and a large landscaped planter with enhanced planting is provided. 4. The level of improvements is exempt from environmental review, consistent with CEQA Guidelines section 15303, New Construction or Conversion of Small Structures since r o new buildings will be constructed and the existing service bays will be replaced with a convenience store. Conditions 1. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design and appearance, and/or (2) address a construction design issue or building code discrepancy that is not substantive to the Architectural Review approval. O3 The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. a Telecommunications Device for the Deaf(805)781-7410. Attachment 6 ARC 230-04 Page 2 2. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. Public view includes the existing views from all public streets and sidewalks. Gas and electric meters, electric transformers, and large water piping systems (backflow prevention devices) shall be completely screened from public view with approved architectural features and/or landscape plantings and/or placed on the interior of the structure. 3. No trees shall be removed from the site unless otherwise approved by the Community Development Director and the City Arborist. 4. The landscape area at the corner shall be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. The westerly driveway on Marsh Street shall be eliminated to accommodate this and a new street tree planter with a street tree incorporated. 5. A street tree shall be replaced on Higuera Street where there is a vacant tree planter north of the proposed convenience store. 6.. Existing cypress trees at the north and south sides of the building shall remain in place and be pruned (cleaned up) prior to occupancy of the convenience store. 7. The lighting plan shall be designed to comply with the photometrics plan approved by the ARC as shown on the conceptual plans. All light fixtures shall be designed to provide full cutoff shields with horizontally mounted light sources. Vertically mounted light sources and protruding lenses are more likely to produce off site glare and shall not be utilized. 8. Canopy lighting fixtures shall be fully concealed in the structure so that light is properly directed downward. 9. Pole lighting shall be a maximum of 15 feet in height and designed to match or complement wall lights with a decorative "Mission theme" design. 10. The monument sign shall be designed with a maximum height of four feet and a maximum area of 22 square feet including a price sign. 11. The following amendments shall be incorporated to the plans for the storefront: a. The windows shall be inset a minimum of 2" from the exterior stucco wall. b. The slumpstone shall not extend above the bulkhead and the material surrounding the entry doors above the bulkhead shall be stucco. c. The window frames shall continue the same theme as the entry doors with a window frame extending across the entire storefront at the top of the window. 1 Attachment 6 ARC 230-04 Page 3 12. The canopy fascia shall be an earthtone color to match the building fascia. 13. The remodel of the existing building triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. Code Requirements The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Public Works 1. Projects involving the construction of a new structure or the substantial remodel of an existing structure requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. 2. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director: 3. The existing driveway approach shall be verified as complying with ADA and city standards for accessibility and compliance with current city standards. If not accessible, the approach shall be altered or upgraded to comply with current standards. The current city and ADA standard requires a 4' accessible sidewalk extension behind the ramp. 4. Because public right-of-way does not exist beyond the back of sidewalk, a pedestrian access easement is required to accommodate the ADA sidewalk extension. The required easement shall be recorded prior to building permit issuance. The applicant shall provide current ownership information, a legal description, and any required exhibits necessary to define the area of the easement. 5. The new or altered driveway approaches shall honor the requirement for a minimum 10' driveway approach depth as required for commercial development sites. 6. The existing curb ramp shall be altered or upgraded to comply with current city and ADA standards. New curb ramps will be required at any new pedestrian crossings as established by the Public Works Director. - ` Attachment 6 ARC 230-04 Page 4 7. The project is located in the Mission Style Sidewalk District of downtown. Any replaced sections of sidewalk, curb ramp, or driveway approach shall be constructed with .the Type 2 Mission Style per city standards. Because of the expected patching with Mission Style, the applicant is encouraged to replace all existing improvements in the Mission Style including streetlights. 8. The existing damaged retaining wall located at the back of sidewalk shall be repaired or replaced to the satisfaction of the Public Works Director. 9. The building plan submittal shall correctly reflect the right-of-way width, location of frontage improvements, front property line location, and all easements. All existing frontage improvements including street trees shall be shown for reference. City records and the ARC package do not agree for the property line location along Marsh Street. Provide a public pedestrian easement or offer of dedication for the public sidewalk along Marsh Street if not otherwise included with a previous street widening. 10. The building permit plan submittal shall include all required parking lot improvements, dimensions, space dimensions, materials, space and aisle slopes, drainage, pavement marking, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. Signage requirements may include but are not limited to directional signage and the possible upgrade to add and/or relocate the off-site "One Way" signage at the prospective driveways. 11. It is expected that the scope of remodel and alteration will require the installation of an automatic fire suppression system in accordance with the UBC and UFC as amended for the City of San Luis Obispo. As such, the building plan submittal shall show the location of the fire service lateral, double-check assembly, and fire department connection (FDC) on the site utility plan. Show the location of the fire riser room and interior fire riser in accordance with the ARC approvals and/or the Planning Divisions architectural guidelines. Provide access to the fire riser and appurtenances in accordance with the UFC and as approved by the Fire Marshal. Clarify to the satisfaction of the Fire Marshal whether an FDC should be provided at the double-check assembly or on the building. 12. The external double-check assembly may not be required in favor of an internal device if the riser enters the building not more than 25' from the front property line. 13. The building plan submittal for the parking lot alterations shall show and note compliance with Engineering Standard 10106 for Storm Water Quality Management. This code requirement is applicable to existing and/or redeveloped sites where the total area of impervious surfaces is more than 10,000 square feet. An upgrade to the existing facilities and improvements is required. r0-V I Attachment 6 ARC 230-04 Page 5 14. The building plan submittal shall include additional plan information and a summary regarding post-development stormwater treatment in accordance with Engineering Standard #1010.13, current engineering practices and BMP's. See the California Stormwater Quality Handbook Section 5 for reference of appropriate BMP's.. 15. The existing concrete swale and catch basin located at the driveway approaches may need to be removed and replaced with approved trench drains and/or catch basins with filter inserts. The proposed plan shall include a maintenance plan and schedule to be implemented by the owner or tenant. 16. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new structures or the substantial remodel of existing structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city's Flood Damage Prevention Regulations per Municipal Code Chapter 17.84. 17. This property is located in an A Flood Zone, the water surface or base flood elevation (BFE) of a 100-yr storm ranges from approximately 175' to 177'(NGVD 29) across this site. The structure must be constructed and/or floodproofed to an elevation that is at least one foot above the BFE. Additional freeboard to 2' above the BFE may result in additional savings on flood insurance and is encouraged. A previous elevation certificate was completed with a BFE of 176' (NGVD29). This BFE shall be justified by a licensed surveyor to the satisfaction of the City Engineer. 18. All utilities, including but not limited to gas, electrical panels, telephone panels, sewer laterals, water service, fire service, and utility conduits entering the structure must be sealed to preclude infiltration of floodwater. Building service equipment such as electrical services, water heaters, forced air units, heat pumps or condensing units shall be elevated or otherwise protected by floodgates. Sewer backwater valves shall also comply with the California Plumbing Code. 19. The building plan shall show a protected and secure storage area for all required floodgates. The existing and/or proposed floodgates shall be demonstrated as complying with FEMA and the Flood Damage Prevention Regulations prior to final inspection approvals. Street Trees 20. Existing trees are to remain with the exception one small carrotwood street tree located in the proposed drive way. Removed trees shall be mitigated by adding three more trees of appropriate size to the proposed landscape plan. One tree is to be located in the planter island next to the handicap parking space. One tree is to be located next to the building on the marsh street frontage and one in the planter in front of the air water fill up next to the frontage sign. I recommend choosing species that will remain relatively small at maturity due to the small growing spaces but that will provide some shade. Trees are to be planted to city specifications. -- Attachment 6 ARC 230-04 Page 6 Transportation 21. To accommodate the additional pedestrian traffic anticipated by the addition of a convenience store, the developer shall design for and install (to the approval of the Public Works Director) an ADA accessible path,. crosswalks, pedestrian signal heads and pedestrian push buttons from the project site at the northeast comer of Marsh and Higuera Streets through the landscaped island in the intersection to the southeast comer of Marsh and Higuera Streets. Utilities 22. If a larger water meter is required, Water and Wastewater Impact Fees will be charged, based on the increase in size. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a first-come, first-served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. 23. The garbage company may have concerns regarding the configuration of the trash enclosure. Since trash and recycling are collected by separate trucks, the positioning of one receptacle behind the other appears to be problematic. The applicant shall get approval from the garbage company relative to the size, location, and configuration of the trash enclosure. The decision of the Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by the decision may.file an appeal. Appeal forms are available in the City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $100.00, and must accompany the appeal documentation. While the City's water allocation regulations are in effect, the Architectural Review Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request, the Community Development Director may grant a single one-year extension. If you have questions, please contact Phil Dunsmore at 781-7522. Sincerely, Pamela Ric6i, AICP Senior Planner Community Development cc: County of SLO Assessor's Office RHL Design Group Inc Lisa Crehan—c/o Chevron Inc, Property Tax 2401 E Katella Ave. Suite #400 PO Box 285 Anaheim, CA 92806 Houston, TX 77001 fes/ Attachment 7 Draft Resolution "A" RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND ALLOWING A SITE REMODEL OF THE SERVICE STATION AT 328 MARSH STREET MODIFYING CONDITION 4, TO ALLOW A REDUCED WIDTH DRIVEWAY INSTEAD OF ELIMINATING THE DRIVEWAY,ARC 230-04. WHEREAS, on April 3, 2006, the Architectural Review Commission conducted a public hearing and approved project ARC 230-04 based on findings and subject to conditions; and WHEREAS, Tamara Fenner, a representative for the applicant (Chevron) filed an appeal of the Architectural Review Commission's action (specifically condition 4) on April 10, 2006; and WHEREAS, the City Council conducted a public hearing on June 6, 2006, and has considered testimony of the appellant, interested parties, and the evaluation and recommendation of staff; and BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the Architectural Review Commission actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed condition, as amended, is consistent with the intentions of staff and the Architectural Review Commission. 2. Reducing the width of the driveway to 20 feet will still allow adequate vehicle access while allowing the landscape planter to be increased in depth as desired by the ARC and staff.. 3. Maintaining a driveway at this location will comply with the City's transportation standards and will not result in a design that is detrimental to health, safety or welfare of drivers and pedestrians. _ Attachment 7 Resolution No. (2006 Series) ARC 230-04, 328 Marsh Street Page 2 SECTION 2.Anneal Upheld. The appeal of the Architectural Review Commission's action is hereby upheld and condition 4 is modified as follows: 4. The landscape area at the corner shall be increased in size to a minimum depth of 20 feet and existing mature landscape shall be retained where possible. A modified landscape plan that includes new trees and shrubs shall be submitted with.construction-documents. The westerly driveway on Marsh Street shall be tal im in Atedreduced in size to accommodate this. and new On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2006. Mayor Dave Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: C torney Jonathan Lowell `3ko Attachment 8 Draft Resolution `B" RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND APPROVING A SITE REMODEL OF THE SERVICE STATION AT 328 MARSH STREET INCLUDING A CONDITION OF APPROVAL TO REQUIRE REMOVAL OF THE SOUTHWESTERLY DRIVEWAY,ARC 230-04. WHEREAS, on April 3, 2006, the Architectural Review Commission conducted a public hearing and approved project ARC 230-04 based on findings and subject to conditions; and WHEREAS, Tamara Fenner, a representative for the applicant (Chevron) filed an appeal of the Architectural Review Commission's action (specifically condition 4 that requires abandonment of the southwesterly driveway) on April 10, 2006; and WHEREAS, the City Council conducted a public hearing on June 6, 2006, and has considered testimony of the appellant, interested parties, and the evaluation and recommendation of staff; and BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the Architectural Review Commission actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed condition 4 is consistent with the intentions of staff and the Architectural Review Commission and is necessary to further the recommendations of the City's Community Design Guidelines. 2. Eliminating the driveway will not reduce reasonable ingress or egress to the site since the site has a total of three alternate access driveways. 3. Eliminating the driveway will eliminate potential future hazards associated with the driveway's close proximity to the corner of Marsh and Higuera Streets. 4. Eliminating the driveway will improve the aesthetic appearance and pedestrian circulation of '�i f -% Attachment 8 Resolution No. (2006 Series) ARC 230-04, 328 Marsh Street Page 2 the property and adjacent public right of way since it will allow an enlarged landscape area, a new street tree, and new curb, gutter and sidewalk. SECTION 2. Apveal Denied. The appeal of the Architectural Review Commission's action is hereby denied and condition 4 remains unchanged. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2006. Mayor Dave Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: City Attorney Jonathan Lowell � +3a- T _ - L A R C H I T E C T U R E ENGINEERING E N VI RONM ENTALS ERVICES GROUP INC. 2401 E. Katella Blvd.. Suite 400, Anaheim, CA 92806 Telephone: (714) 935-0050 Facsimile: (714) 935-0051 John W.Johnson April 10,2006 Co-President RECEIVED Architect Julie O'Connor A�� y o Llfl� Office of the City Clerk Brian F.Zita City of San Luis Obispo Co-President 9901 Palm Street -- CITY CLERK Architect San Luis Obispo,CA 93401-3249 John B.Hicks RE. Appeal to the City Council Vice President ARC 230-04 328 Marsh Street. Dear Ms. O'Connor: Please find attached the required forms and submittal fee of$100.00 to appeal for the removal of Regional Managers Condition Number 4 from the decision of the Architectural Review Commission on Project Brad A.Gubser Number 230-04. This condition specifically requires the elimination of the westerly driveway on Jesse E.Macias Marsh Street. We feel that this condition should not be required for the following reasons: Roy W.Pedro 1. The removal of the driveway is being driven by the Planning Departments desire for Alan K Shimabukuro more landscaping on the site,not by any safety requirements from the Public Works or John W.Strobel Transportation Departments. 2. Previous planning discussions with the Public Works Department indicated that the only improvements that the project would require would be the improvements to the pedestrian crosswalks. We had agreed to these requirements prior to the hearing date. 3. This - w condition was added by the Planning Department at the last minute,without time to discuss it:prior to the hearing date. Our copy of the staff report was received in e afternoon mail on Thursday March 30. The meeting was held on the following Monday. This was simply not enough time to be able to meet with staff on this unexpected change. 4. We believe that an alternate design solution should be considered that will add the desired landscaping without the need to close the driveway. The proposed alternate site plan has been reviewed and approved by both the Planning and Public Works staff,and has been attached to this appeal for Council review and approval. Off Ices Please feel free to contact me with any questions or problems. We look forward to being on the ANAHEIM,CA next available agenda. BELLEVUE,WA Respectfully, CAMAS,WA DENVER CO RHL DESIGN GROUP,INC. 1,3 MARTINEZ,CA ' LAC- PETALUMA,CA _ Tamara Fenner ROSEVILLE,CA Entitlements Manager SCOTTSDALE,AZ www✓hldesign.com Filing Fee: $100.00 Paid Date Received CI N/A 1. 0 "REFER TO SECTION 4 MB-DO- San lull OBISp0 APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION I y S S. Sk"e Ca 403-1- $l vd• I Sty. 400 1310 �ln�U✓�i'ro �c�c �'o • • �282 1ti c. �ivecc I Cid �— Name Jo h r. vb: I e_ Mailing Address and Zip Code ") l4 - 611 -SLf4 8 Phone — AAo vai �e�,H�r F (' 24ax o i E. Kam Ilk Ave .� Ite W RIfLL t 2aa,6vowa .da..a(�e� .�-�wC�. 92-h0(> Representative'.Aame Mailing Address and Zip Code (AACv• btu •935- L9So -7.14 -°)35_ -OdS/ Title U Phone Fax SECTION 2. SUBJECT OFAPPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: 14V C-4,-f-2 c Vi fu-v2( V.�oc J c-DYKVy�n l SS"Oyn (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: 4•/3 3. The application or project was entitled: Al2= 2 3 D -0 y _3.2 g_ � ate,-s(•. �i-v.¢.�fi _ 4. 1 discussed the matter with the following City staff member: I 7Du ay.rL on y l 4 l b(P (Staff Members Name and Department) (Date) 5. Has this matter been the subject of a previous appeal? If so, when was it heard and by whom: Ill a SECTION 3. REASON FOR APPEAL Explain specifically what.actioNs you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side.. Page 1 of 3 r Reason for Appeal continued Co 000 SECTION 4. APPELLANT'S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of$100% which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted, that action is at the discretion of the City Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal is scheduled for a public hearing before the City Council. /a a (Signature f Appellant) (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions. 2)The above-named appellant has already paid the City$100 to appeal this same matter to a City official or Council advisory body. 3L / '� his item is hereby calendared for `�.A M / Z b Le v c: City Attorney i J L N� v�2 1 1''�S •-f•eA r•�. i City Administrative Officer Department Head Advisory Body Chairperson City Clerk(original) Page 2 of 3 epk� a�os �,.I'C. l�,G^Ju,-..y"-r`:'+.e,r"�� -' v-arr.- _ .,•+vim wrs��s ARCHITECTURAL REVIEW COMMISSION AGENDA FRWMVER 7 Council Hearing Room y r�� CEN1�� City Hall - 990 Palm Street San Luis Obispo, CA 93401 L- SQNZ UPf� April 3, 2006 Monday5:00 p.m. OATHS OF OFFICE: Swearing in reappointed Commissioner Allen Root, and new Commissioners Steven Hopkins and Anthony Palazzo ROLL CALL: Commrs. Allen Root, Jim Lopes, Anthony Palazzo; Greg Wilhelm, Steven Hopkins, Vice-Chair Michael Boudreau, and Chairperson Zeljka Howard ELECTION: Election of Chairperson and Vice-Chairperson ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. PUBLIC COMMENT: At this time, people may address the Commission about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to five minutes per person. Items raised at this time are generally referred to the staff and, if action by the Commission is necessary, may be scheduled for a future meeting. PUBLIC HEARINGS: NOTE: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing, or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Any decision of the Architectural Review Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk's office, or on the City s website (slocity.org). The fee for filing an appeal is $100, and must accompany the appeal documentation. 1. 919 Palm Street. ARC 193-01; Discussion of possible changes to the Morro Street elevation of the Palm/Morro Office/Parking Structure; C-D zone; Copelands Properties, LLC., applicant. (To be continued to April 17; 2006)(Pam Ricci) 21328 Marsh Street. ARC 230-04; Architectural review of a remodel of a service i,:,,# station, changing service bays to a convenience store, and site improvements including signage; C-R zone; Chevron Products Co., applicant. (Phil Durismore) i ARC 230-04 / 328 Marsh Street Page 7 1. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design and appearance, and/or (2) address a construction design issue or building code discrepancy that is not substantive to the Architectural Review approval. 2. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether nn the ground, on the structure or elsewhere, shall be screened from public view with ma architecturally compatible with the main structure. Public view.includes the existing view all public streets and sidewalks. Gas and electric meters, electric transformers, and large piping systems (backflow prevention devices) shall be completely screened from publi with approved architectural features and/or landscape plantings and/or placed on the int( the structure. 3. No trees shall be removed from the site unless otherwise approved by the Corr Development Director and the City Arborist. 4 ZTbeJandscape area at-the coFner-s all-be-increased-in size-to a-rrvmmu eptlyof- 4-feet�art ,,---'i=-x rng-maws-landseape-s - e-re mecFe ecl—w—pposst..e, veway-mrM—M;> reef shal o e w._stre,_r r�e�awith-a-street�re it-IrcorPora<�3e, � 5. A street tree shall be replaced on Higuera Street where there is a vacant tree planter north of the proposed convenience store. 6. Existing cypress trees at the north.and south sides of the building shall remain in place and be pruned (cleaned up) prior to occupancy of the convenience store. 7. The lighting plan shall be designed to comply with the photometrics plan approved by the ARC as shown on the conceptual plans. All light fixtures shall be designed to provide full cutoff shields with horizontally mounted light sources. Vertically mounted light sources and protruding lenses are more likely to produce off site glare and shall not be utilized. 8. Canopy lighting fixtures shall be fully concealed in the structure so that light is properly directed downward. 9. Pole lighting shall be a maximum of 15 feet in height and designed to match or complement wall lights with a decorative "Mission theme" design. 10. The monument sign shall be designed with a maximum height of four feet and a maximum area of 32 square feet including a price sign. 11. The remodel of the existing building triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the I —so Kso I .r o"• j5}6'5}'00"E ]6.J9'(9]') h 9 z�;?§• 3 NO _____ k a r A F 4 ( I — \ to I F Co ----------- " ----- tZ rnI D M . gg ` u _ • 9 v - u a 1A—a1x I 1 �e6 \ •� X AI� ' E3 ti L. 'rN� \ w l9'Z9l M .� I PX VA A gg gg J[! qy [$ E 3 A y d9. qq Q 8 Qzy.�R��3 33b� RTF Ri of �+ +Y m ]yp 4 TA24 > EFx $ 99o.�s4�".8 �d + R " y aha �.$a ra Fga. ahFa $ - q 5e an avmv-❑ •g• £'- ngi^tii9 =�Y�om l`�gl � ON -1 i vFA =ee Qa^ o o o g 3 k x n .A as . ���I(�111111 I I ► p1111 i I II I� II IIII IIII C4 of sAn luis oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 R D� tou April 11, 2006 6.. Tamara Fenner G`,r+` r��''09 RHI.Design Group 2401 E. Katella Avenue, Ste. 400 Anaheim, CA 92806`$. RE: Appeal to the Architectural Review Commission —328 Marsh Street (ARC 230-04) Dear Mr. Fenner: In reference to your appeal being heard by the City Council, City code requires an appeal to be set for the next reasonably available council meeting, but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the City Clerk. Although you have agreed by phone to permit us to schedule your appeal after the 45 day deadline (i.e. May 25, 2006), we require a signed acknowledgement. Therefore, please sign and return this letter to the City Clerk's-Office no later than April 21St . An envelope has been enclosed for your convenience. Tamara Fenner Sincerely, U-) � 11 A,U no 6 Elaina Cano Deputy City Clerk c�P� OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. Elaina Cano ARC Appeal From: Elaina Cano To: Audrey Hooper; John Mandeville; Jonathan P Lowell; Ken Hampian; Pam Ricci; Phil Dunsmore; zhoward@calpoly.edu Date: 4/11/06 2:40PM Subject: ARC Appeal Attached is an Architectural Review Commission Appeal that is scheduled to be heard at the June 6, 2006 Council Meeting. I have put it on the 60 day as a public hearing and scheduled it to be heard for 30 minutes. If the time needs to be adjusted, please do so on the 60 day calendar. I have contacted Ms.Tamara Fenner and informed her that we are requesting to hear this appeal on June 6th, which is after the 45 day deadline to be heard. Ms. Fenner verbally agreed with this date and is being sent a letter to sign and return. Phil, Please refer to the 2006 Council Agenda Report Calendar for deadlines. Thanks, Elaina Chevron RECEIVED APR 12 2006 Global Marketing SLO CITY CLERK Sohn F.Amabile North America Marketing Development Coordinator- Chevron Products Company Property&Facilities 145 S.State College Blvd. Optimization P.O. Box 2292 Brea,CA 92822-2292 Tel 714-671-3448 April 10,2006 . RE: Delegation of Authority,Chevron SS#09-0150, Marsh and Higuera, San Luis Obispo,CA RHL JN: 0198.11 To Whom It May Concern: We hereby authorize Larry Tidball,Tamara Schippers Fenner, and Maggie McLaughlin, employees of RHL Design Group Inc., as designated agents of Chevron Products Company. Authorization pertains to all matters concerning the application for and the issuance of permits for the reconstruction(or construction if a new site)of our service station located at Marsh and Higtlera. San Luis Obispo, CA. Please contact me at(714) 671-3448 with any questions, comments or concerns. Sincerely, Chevron Products Company it- /sr