HomeMy WebLinkAbout09/05/1989, 2 - APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S ACTION APPROVING DESIGN FOR A NEW HOUSE ON A SENSITIVE M NG ATE:
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COUNCIL AGENDA REPORT
FROM: Randy Rossi, Interim Community Development Director rz
Prepared By: Greg Smith, Associate Planne� �V
SUBJECT: Appeal of Architectural Review Commission's action approving design for a
new house on a sensitive site located at the southeasterly end of Andrews
Street cul-de-sac (1460 Andrews Street).
SUMMARY RECOMMENDATION:
Deny the appeal. Uphold the ARC'S action, which was to grant final approval
subject to reducing the building height by one foot, with landscaping details to
return to staff.
DISCUSSION:
The Architectural Review Commission granted final approval to the proposed house on July
31, 1989. The approval was appealed on the basis that a design with a substantially
lower ridge line was appropriate.
The lot in question is a sensitive site in an "S" overly zone. Conditions of approval
for the tract map and master use permit included design regulations intended to minimize
the visual impact of development, and the appeal is based on the appellant's perception
of inconsistency with these requirements. The conditions are summarized in the following
sections of this report, and copies are attached.
SIGNIFICANT IMPACTS:
The project is categorically exempt from environmental review requirements. No
significant fiscal or other municipal impacts would result from either approval or
denial.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
If the council upholds the appeal, the proposed design of the house will have to be
modified in accordance with council direction. Construction of the house may be delayed.
111111IM1111p0% City Of San LUIS OBISPO -
Me COUNCIL AGENDA REPORT
Page 2
BACKGROUND
Data Summary
Address: 1460 Andrews Street
Appellant: Joseph C. Boone
Applicant: Dave Boyle i
Representative: Thomas E. Rakestraw
Zoning: R-1-S
General Plan: Low Density Residential
Environmental Status: Categorically exempt
Project Action Deadline: January 26, 1990 (Development permit processing
deadline per Government Code)
Site Description
The site is a 15,582-square-foot wedge-shaped lot with about 45 feet of frontage on
Andrews Street cul-de-sac. The site slopes to the south at approximately 10%.
Significant vegetation includes several oak trees which overhang the east property line.
A concrete-lined drainage swale runs along the back of the site. The site is surrounded
by houses, two vacant R-1-S lots, and an open space easement.
EVALUATION
Development of this lot is subject to a number of conditions imposed by use permit U0914
and conditions of approval of the tentative map for Tract 940. These are attached for
reference. Staff suggests that council review of this project focus on the issues
included in those conditions.
It may be appropriate to consider the site's specific characteristics - it is one of the
lowest, flattest, and least prominent lots in the subdivision - in determining how
rigidly to apply these conditions, which are summarized below.
i
The ARC and staff agreed that the proposed design was consistent with those requirements,
although the commission did require overall height of the house to be lowered by one
foot. ARC minutes are attached for reference.
The appellant does not believe that the approved design is consistent with the use permit
and tract conditions. As reflected in the attached letter of appeal, he requests that
the overall height of the building be lowered; that the roof color be reconsidered; and
that effect of the structure on an existing Oak tree be reviewed by the Tree Committee.
The appellant is the owner of Lot 6 of Tract 940, the uphill lot adjoining the project
site.
Staff would note that a height exception requested by the applicant was denied
(Administrative Use Permit Application A 83-89, 28-foot height where 25-foot height
normally allowed). The height as approved by the ARC would be 24 feet.
1. Building Placement: Use permit criteria call for minimizing visibility and avoiding
linear massing.
11101/111 TI city Of San lues OBISPO
MaGo COUNCIL AGENDA REPORT
Page 3
2. Grading/Landscaping Planting: Use permit criteria call for minimizing grading.
Although much of the site is to be graded, new contours remain generally within a
foot or two of original contours. The proposed grading plan will be consistent with
the use permit intent.
Landscaping criteria call for blending with natural vegetation, minimizing water use,
and providing a fire buffer. (Significance of the fire buffer is somewhat reduced by
a subsequent tract condition which requires all buildings in the subdivision to have
fire sprinklers.) Staff would also note that the landscape plan must be prepared by
a licensed landscape architect, and that the commission delegated review of detailed
planting plans to staff.
3. Building Design: Use permit criteria call for low profile buildings which blend into
the hillside. The appellant wants the overall height of the building lowered further
than required by the ARC.
Some impact on the view from the adjacent uphill lot (Lot 6) is almost inevitable;
the topography is not steep enough to allow unobstructed views over a two-story house
on the lower lot from the lower level of a similar house on Lot 6. Council
evaluation should focus on what degree of blockage is reasonable, and whether the
approved design will result in houses on uphill lots being higher than would
otherwise be necessary, in an effort to "see over" their downhill neighbors.
Note that the approved design appears to be a two-story structure when viewed from
Lot 6, and that floor levels of a house on Lot 6 are likely to be somewhat higher
than those approved for the the applicant's. `
The approved design would interfere with the view from Lot 6 toward Bishop Peak - as
would the existing Oak tree near the common property line - but would leave views of
San Luis Peak relatively unobstructed. The house's 50-foot setback reduces its
impact on significant views.
Lot 6 and the others at the top of the cul-de-sac are all at approximately the same
elevation. It seems likely that building placement, and not building height, will
have the most significant impact on views. Designing a house with a view over
adjoining houses will be even more difficult on Lots 4 and 5 than on Lot 6.
Two diagrams which were prepared by the applicant's architect and submitted to the
ARC are attached. One diagram shows a cross section through the appellant's and
applicant's lots; the other shows cross sections through the proposed house and house
modified to lower the building height. Staff has prepared a diagram based on the
architect's, which shows how the height of the structure could be reduced by three to
six feet with relatively minor modifications.
4. Roof Color
Use permit conditions state that "color selection shall be given special attention"; I
,— the appellant does not feel that the proposed "Mission Style" tile roof is
appropriate.
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1111 it0111111� city of sari Luis osispo
A=JIG@ COUNCIL AGENDA REPORT
Page 4
5. Existine Tree
The letter of appeal expresses concern with encroachment within the dripline of an
existing Oak tree located near the northeast corner of the house.
It appears that the proposed house will encroach slightly, and minor pruning will be
necessary. In such cases, the City Arborist routinely does a site inspection after
building corners are staked, but before grading begins. Construction is not allowed
to proceed unless it is clear that there will be no significant impact on the tree's
health or appearance.
ALTERNATIVES
The council may uphold or deny the appeal, or may continue consideration with direction
to staff or the appellant regarding additional information needed. If the appeal is
upheld, staff suggests providing direction regarding design modifications, with details
of the revisions to return to the ARC.
CONCURRENCES
No other department has made significant comment regarding this project.
CITIZEN PARTICIPATION
As noted above, the ARC approved the plans with a slight modification at their July 31,
1989 meeting. The appellant testified in opposition the the proposed design; no other
public testimony was made.
RECOMMENDATION
Adopt the attached resolution denying the appeal. Uphold the action of the ARC to grant
final approval subject to lowering overall building height by one foot, and with
landscaping details to return to staff.
i
I
Draft resolutions
Attachments: Vicinity Map
Use Permit U 914 Conditions
Tract 940 Conditions, Building Envelopes
Letter of Appeal
Applicant's Diagrams
Staff Diagram
Draft ARC Minutes
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RESOLUTION NO. (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION TO APPROVE THE PLANS FOR A RESIDENCE ON A SENSITIVE SITE
APPLICATION ARC 89-43, 1460 ANDREWS STREET
WHEREAS, on July 31, 1989, the Architectural Review Commission approved the plans for
a residence on a sensitive site located at 1460 Andrews Street, at a public meeting
conducted pursuant to application ARC 89-43; and
WHEREAS, on August 9, 1989, Mr. Joseph C. Boone filed an appeal requesting that the
council require modification to the plans; and
WHEREAS, on September 5, 1989, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant, the applicant, and other interested
C, parties.
NOW, THEREFORE, the council of the. City of San Luis Obispo denies the appeal and takes
an action to grant final approval to application ARC 89-43, subject to the following
findings and conditions:
SECTION 1. Findings
1. The design of the proposed structure is consistent with the conditions of approval
established by Use Permit U 0914 and Tract 940.
2. The proposed structure will not significantly restrict development and use of
appellant's property or other nearby properties. -
SECTION 2. Conditions.
1. Overall height of the structure shall be reduced by one footoas previously directed
by the Architectural Review Commission.
2. Applicant shall submit a detailed landscape plan to staff for approval. The plan
shall be prepared by a licensed landscape architect, as required by Use Permit U 0914.
C
Resolution No. (1989 Series)
ARC 89-43
Page 2
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing document was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
City Attorn y
Community Development Director
RESOLUTION NO. (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION TO APPROVE THE PLANS FOR A RESIDENCE ON A SENSITIVE SITE
APPLICATION ARC 89-43, 1460 ANDREWS STREET
WHEREAS, on July 31, 1989, the Architectural Review Commission approved the plans for
a residence on a sensitive site located at 1460 Andrews Street, at a public meeting
conducted pursuant to application ARC 89-43; and
WHEREAS, on August 9, 1989, Mr. Joseph C. Boone filed an appeal requesting that the
council require modification to the plans; and
WHEREAS, on September 5, 1989, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant, the applicant, and other interested
Cparties.
NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeal and takes
an action to grant final approval to application ARC 89-43, subject to the following
findings and modified conditions:
SECTION 1. Findings
I. Various modifications to the design of the proposed structure arc necessary for
consistency with the conditions of approval established by Use Permit U 0914 and Tract
940.
2. The proposed structure would significantly restrict development and use of appellant's
property or other nearby properties, unless modified as directed below. --
SECTION 2. Conditions.
1. Overall height of the structure shall be reduced by feet, to the approval of
the Architectural Review Commission.
2. Applicant shall revise the roof color better blend with the natural surroundings, to
the approval of the Architectural Review Commission.
3. Applicant shall submit a detailed landscape plan to staff for approval. The pl�n
shall be prepared by a licensed landscape architect, as required by Use Permit 1U 0914.
o?- 7
Resolution No. (1989 Series) �
ARC 89-43
Page 2
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:.
the foregoing document was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City Ad inistrative Officer
City Attorne
Community Development Director
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Resolution No. 1736-81
Use Permit 00914
Page 2
1 . Each lot maybe developed with one single-family residence, subject to all
applicable Zoning Ordinance and Building Code Regulations.
2 . A] I lots are hereby designated sensitive sites and development proposals
(grading, retaining walls, fences, buildings and landscaping) shall be
subject to Architectural Review Commission approval .
3. Applicants shall submit detailed plans for approval of the Architectural
Review Commission. The plans shall be prepared and reviewed with the
following criteria considered:
Building Placement :
a. To minimize the visibility of the houses from as many places as possibl<
from areas outside the subdivision.
b. To provide for varied roof lines and setbacks to avoid linear massing
patterns on the hillside.
c . highest finish floor for future house on lot 9 shall not exceed the 340
foot elevation.
Grading/Landscape Planing
a. To minimize grading on each lot , grading shall be permitted only for
building foundations, driveways and, in some cases only, backyards.
b. Landscape plan shall be prepared by a • licensed landscape architect . The
plan shall be integrated with the building placement plan and shall
provide for planting of California native plants and California live
oak wherever possible and practical . Intent and objectives of the above
is:
1 . To blend the houses with natural vegetation.
2. To unify the site visually.
3. To use landscaping requiring little water.
4. Provide a buffer of fire restrictive planting between the opoen
wild land areas and lots 3, 4, 5, 6 and 9 as determined by City
Fire Marshal . Other fire prevention techniques may be used in
conjunction with planting, as approved by the Fire Marshal .
Building Design
a. Houses shall be low profile with design emphasis placed on blending the
house into the hillside. Idherever possible, houses should cut into the
hillside and be split-level . Slab foundations , very tall foundations or
pole foundations will be avbided.
b . Color selection shall be Riven special attention in consideration of
visually prominent houses.
02-/d
1
Resolution No. 4633 ( IORI Seri os
Tract 94n
Page 3
SECTION 3. Conditions of Apnroval . That the approval of tentative map
for Tract 940 be subiect to the following conditions:
1 . Subdivider shall provide public utility easement of 6 feet along all street
and common driveway frontages and additional easements as necessary to the
satisfaction of the utility companies and Cita Engineer . Final map shall
show all easements.
2 . Subdivider shall extend water and sewer mains within the Andrews Street
cul-de-sac to serve all the lots, to the satisfaction of the City Engineer .
3. Subdivider shall provide gravity flow sewer service for lot 10 and provide
easement, if necessary, to the satisfaction of the City Engineer. Sewer
pump shall not be allowed.
4. Subdivider shall replace 3" existing water main and connect same with
Street for a looped water line system to
existing 6" water main in Alisal
the satisfaction of the City Engineer.
5. Subdivider shall grant to the city an access easement across the "not a
part" lot for maintenance of the creek at the southerly edge of the tract ,
to the satisfaction of the Public Services Department .
6. r shall prepare analysis of the existing off-site dra'
facilities bet ct boundary and San Lui required by the City
Engineer prior. co final map . 0 divider shall improve drainage way
between tract and Corralitos t E1 Centro Way co approval of
y n -inI and, at the discretion of the Cicy il , may be recuired
to participate in other off-s:ite, drainage improvements.
7. Subdivider shall clear debris and dead trees along the drainage channel at
the southerly boundary of the tract to the satisfaction of the Public
Services and Community Development Departments .
8. Final map shall note that all houses built within the tract shall t.re
retar systems as approved by the Fire Departm rchitectural
Review Commission. are prohibit uffer of fire resistive
planting shall be provided betw s ace easement hillside area and
I. 3, 4, 5, 6, .9, 1 e rear lot lines o roperties along
Corralitos a Lots 9 through 20 of Tract 43) to the rpprova f�t1L`
epartment and Community Development Department .
�J 9. Fire hydrants serving the tract shall provide a minimum 1 ,000 gallons per
\/ minute fire flow.
10. Final map shall note that all driveways in the tract shall be constructed
` with minimum grading.
11 . Final trading plan shall be signed by retistcred soils engineer. �//
1
Resolution No. 4633 ( 1481 Series) ^•,
Tract 940
Page 4
12 . Onk trees on proposed lot 6 shall be retained . Final man shall note that no
cut or fi11 shall occur within the drip line of the trees .
13 . Final map shall show a drainage and riparian easement on lots 1 , 2 and 3 to
the safisfaction of the Community Development Director. Riparian easement
is to protect vegetation along the creek in this location and will prohibit
all development within the easement .
14 . Final map shall note that all lots in the tract are designated sensitive
sites and all development shall be approved by the Architectural Review
Commission.
15 . Perpetual open space easement shall be granted to the city for contiguous
property held in common ownership shown on tentative map as not a part ( 95.9
acres both in and outside of the city) subject to the approval of the
Community Development Director and City Attorney. The open space easement
will be to maintain the area in a natural open space character. The easement
shall run with the land and provide the following limitations on use or
alterations of the area:
a. No buildings will be placed or erected on saihoupremises
and
,
structures, except as permitted hereafter, approval of the
City Council. -�
b. Fencing appropriate to open space preservation shall be approved by the
Architectural Review Commission. Solid fencing shall not be allowed.
C . No advertising of any kind or nature shall be located on or within said
premises.
d. Owner shall not plant , nor permit to be planted, any vegetation upon
said open space area (maintenance of existing orchards excluded) except
for erosion control, fire protection and soil stablization or as allowed
and approved by the Community Development Director.
e. The general topography of the area including existing road shall be
preserved in its natural or existing condition. No grading shall be
allowed except as permitted by the Coainunity Development Director for
agricultural purposes.
f. No extraction of natural resources except for water.
g. No removal of natural vegetation except for fire protection or
elimination of diseased growth, as approved by the Community
Development Director.
16. The drainage structure along lot 9, and the grading to the rear of Lot 1,
will be redesigned to save as many existing trees as possible. Upon ,counci '_
approval of such revised plans , selective existing trees along creek channs
at the end of Conejo Avenue may be removed. Landscape planting to the
approval of the Community Development and Public Services Department staffs
for improved portion of creek channel shall be installed with temporary
irrigation system or two year survival guarantee by the subdivider. J—/V(„A
• ....ti .r1A.oaatno
9esolution No. 4633 ( 1991 Series )
Tract 91-0
Page 5
18. Common driveway shall be constructed as a subdivision improvement . Easements
and agreements consistent with the requirements of cite narking and driveway
standards shall be recorded for lots 3 and 4 to the satisfaction of the Cite
Engineer and Community Development Director.
19 . Subdivider shall dedicate to the city vehicular access rights along Alta
Street frontage of the tract .
20. Subdivider shall install such on and off-site traffic control /safety signs
and on-site street lights as required by the City Engineer.
21 . Final map shall contain a note that if during construction of tract
improvements (e.g. streets, utility lines, etc . ) any evidence of
archaeological resources are found, all work shall stop and an archaeologist
or other appropriately trained professional approved by the Community
Development Director shall be called in to further analyze evidence found in
the area. All cost of .future analysis shall be the subdivider's
responsibility.
22. Final map shall contain a note that houses shall be sited on lots to take
advantage of passive solar opportunities.
23. Final map shall contain a note that development of all lots in this tract
are subject to conditions of use permit U0914.
24. Final map shall contain a note that no development shall occur above the 360
foot elevation contour (water service limit) ..
25. Sidewalks along Andrews Street extended and Conejo Avenue cul-de-sac frontage
of the tract are hereby waived.
26. Buildings within the tract shall be located within the building. enveloves
shown on Attachment 2.
On motion of Councilman Griffin seconded by Councilman Dunin ,
and of the following roll call vote:
AYES: Councilmembers Griffin, Dunin, Dovev, Settle and Mayor 8illig
NOES: None
ABSENT: None.
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IIID INII cityo san hu,s OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1.2C of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of 'the- ArchireC_Lraj QeWeul COM*rsslenrendered
on 3 1 Su�, 1 9 9 which decision consisted of the following (i.e..
set Torth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
See,, affc., A Sheer
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The undersigned discussed the decision being appealed from with:
on
Appellant:
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me/Title
AUG '' 1989
Representative
CITY CLERK
SAN LUIS OBISPO,CA
Address
Al
Phone
Original for City Clerk
C Copy to City Attorney
C end red f r: Copy to City Administrative Officer
Copy to the following department(s) :
\ City Cler
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he -RC a.paroved file hou1ans for 1 ^.e•jU "'rid rel,v5
=;tr'ee.t i,,jI t `.he _t i pul a.t i on that the 3tr:Jc t
_ . Jr•e be iower ed 1
not . We t:.aou i d 1 i k to appeal this dec i s. ion -For, =.eVera.i
reasons . Resolution . ,6-81 which concerns these bui1d1ng
i to states :
"Houses shall be 1ovi profile with design emphasis placed
on blending the house into the hillside . 1:Jhenever
possible , housesshould cut into the hillside and be
split level . "
It further states :
" Col or, selection sha.l1 be given special attention in
consider.=_tior, of visual l ;. prominent houses. "
_. a result cnf the ARC - JIirg , this house as approved i =_ 1
foot belau the ma imam a11oi..iable height ; however, , the staff
report rioted that the oo,-er•al 1 height of the house could be
lowered 3 to o feet by reducing the garage—shop area. At
this point the house is a 3 =stony structure . The majority
of the houses in the San Luis Drive area are 1 story
structures, and we feel that lowering this structure would
be more in keeping with, the intent of Resolution 1736-81 .
The color- of the house was never mentioned in the ARC
review , but we had hoped that the colors would contribute to
blending the house into the natural surroundings . A red
tiled roof may defeat that purpose ; thus , we would like this.
matter addressed .
While checking_ the height of the house after the ARC
ruling , 4Ue discovered that the structure extends beyond the
drip line of a large oak tree on our property . In order to
build, the oak tree will .have to be pruned. The p= ity
arborist felt that thisproject should be reviewed by the
tree committee .
In conclusion , the lots in this subdivision are
designated sensat. ive , and we do not feel this project was
adequ,at.e l y reviewed . A careful review is especially
important since this_ house is the first on the cul —de—sac
and may influence the direction taken in further development
Of the sites .
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Draft ARC Minutes
July 31, 1989
C-1. ARC 89-43: 1460 Andrews Street; new house on sensitive site; R-1-S zone; final
review.
Gary Price, Association Planner, presented the staff report recommending final
approval with landscape details to return to staff.
Thomas Rakestraw, representative, responded to the staff report and indicated he
needed a three-car garage. He also indicated that the uphill site has a 26-foot
grade difference and the Boyle residence would be located at 16 feet, so there would
be no view blockage. He felt he could drop the level of the house by 1-foot.
Joe Boone, uphill lot owner, felt lowering the structure by 3 to 6 feet would be
more desirable. He expressed concerns with view blockage.
Commr. Chatham noted the design met hillside and grading standards, but felt
lowering the structure slightly would be helpful..
Commr. Gates agreed with Commr. Chatham's comments.
Commr. Cooper supported lowering the garage by 1 foot and agreed with staff
regarding landscaping. He had some concerns with privacy and overlook.
Commr. Chatham moved to grant final approval subject to the structure being lowered
by 1 foot and with landscaping to return to staff for approval.
Commr. Gates seconded the motion.
AYES: Chatham, Gates, Starr, Cooper
NOES: None
ABSENT: Bradford, Jones, Morris
The motion passes.
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