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HomeMy WebLinkAbout08/07/1990, 5 - APPEAL OF A PLANNING COMMISSION ACTION DENYING A USE PERMIT FOR A NEW HOUSE ON A SENSITIVE SITE, AT I�}h!Ilp�llblli I I IMEETING DATE: city of sa►n GUIs osispo - 90 MaMe COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, cphnunity Development Director; Prepared By: Jeff Hoo Associate Planner SUBJECT: Appeal of a: lanning Commission action denying a use permit for a new house on a sensitive site, at 367 Hill Street, Use Permit U1463. CAO RECOMMENDATION After considering public testimony, Planning Commission comments, and the staff report, adopt a resolution to uphold or deny the appeal subject to the appropriate findings and conditions. REPORT-IN-BRIEF The proposed house's size and visual prominence are discussed in terms of the City's hillside planning standards. The house appears to comply with most, if not all, of the hillside standards; however it will be visually prominent due to its large size and visibility from Chorro Street and State Highway 101. With careful attention to building colors and materials and landscaping, the house could be compatible with the neighborhood and its hillside setting. BACKGROUND On June 13th the Planning Commission denied a use permit for a new house on a sensitive site, finding that the house plans it did not conform to hillside planning standards and were inconsistent with the objectives of the "S" zone. The property owners have appealed, and have asked that the City Council uphold the appeal and approve use permit U1463 to allow the house. j In December 1989, the Planning Commission continued this project with direction to complete a geological evaluation of the site and restudy the house design. On June 4, 1990, the Architectural Review Commission continued this project and their comments are summarized below. This hillside site is zoned R-1-S, and needs a Planning Commission use permit before it can be developed. The site's "S" - Special. Considerations designation was applied in 1984 as part of the Hillside Planning Program. Planning issues include: visual sensitivity, slope stability and grading, access and open space preservation. At its February 221 1989 meeting, the commission approved a use permit to allow a house on the adjacent lot (U 1411) for Joe Santacqua. That project has been built, and is almost ready for final occupancy inspection. DATA SUMMARY Appellants/Property owners: William and Beatrice Jeong Representative: Rob Strong S�� ���iIllllllll�°�"�91UIil city of san Luis oBispo COUNCIL AGENDA REPORT Staff Report Page 2 Zoning: R-1-S and C/OS-20 General Plan: Low-Density Residential and Conservation/Open Space Environmental Status: Categorically Exempt (CEQA Section 15303) Site Description: The irregularly-shaped lot covers about two acres and slopes steeply down to Hill Street. The lot is bisected by the 320-foot contour, which is the city's urban reserve line. The lot's upper half is zoned C/OS-20 and is outside the city's urban reserve. Slope averages about 23 percent; with a maximum slope of 40 percent along the site's northern boundary. A concrete driveway extends up from Hill Street to serve this and the adjacent two lots, sloping at about 18 to 20 percent, and up to 23 percent in some areas. Grasses with small shrubs cover most of the lower slopes, with mature oak trees occurring along and above a ridgeline at the site's upper end. Houses border the site on adjacent hillsides to the north and south, and to the east across Hill Street. KSBY television studio is located on the same side of Hill Street, just south of the site. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION If Council upholds the appeal, the appellant will be able to proceed with the building permit application and plancheck. If the Council denies the appeal and upholds the Planning Commission's action, the appellants' project cannot proceed as submitted. They would need to redesign the project and submit a new use permit application, or find another house site. ADVISORY BODY RECOMMENDATIONS Planning Commission On June 13, 1990 the Planning Commission voted 4 to 2 to deny the use permit (Comm s. Karlskint and Peterson dissenting; Commr. Gurnee absent) , based on the findings that: 1. The proposed use does not conform to hillside planning standards requiring houses to be stepped to follow the natural terrain and the requirement that hillside grading be minimized. 2. The proposed house is excessively prominent and does not fulfill the "S" designation objectives. There was no public comment at the meeting, nor has staff received any comments from neighbors. Since the commission's last review in December 1989, the applicant had submitted additional information and made several design changes: 1. A geologic hazards report was submitted (Pacific Geoscience, s- �mfi �►iiill►1!Ip�nl�Ili city of san tuts oaispo COUNCIL AGENDA REPORT Staff Report Page 3 Inc. , February 1990) which concludes that the site is stable and can safely accommodate the proposed structure; and 2. The height of the front retaining wall was reduced by "stepping down" the front portion of the house; 3. The floor plan and building elevations were revised. They now show a sunken family room and bedroom opening onto a front portico; and the stair tower has been redesigned reduce its scale. Architectural Review Commission On June 4, 19901 the ARC unanimously continued the project and asked the applicant to use a darker stucco color for the main body of the house, to reduce the horizontal emphasis in the house's roofline, and to use faster-growing tree species (eg. Monterey Pines) in addition to oak trees. Most commissioners felt that the house was appropriately sited and that it would be compatible with the neighborhood's architectural character; but they wanted to see a restudy of the house's roofline and other architectural details to reduce its apparent mass and to add visual interest. Two commissioners felt that the house should be stepped more to meet the intent of the Hillside Design Standards. Commissioners also discussed the issue of house size; however they did not agree on an appropriate maximum size, nor did they direct the applicant to reduce floor area. DISCUSSION Project Description The apellants want to build a house for their own use. The two- story, mediterranean-style house would have a total floor area of about 4500 square feet, and would be served by a common driveway, and include 3 covered parking spaces plus 2 uncovered parking spaces. Grading would involve about 1200 cubic yards of cut, and about 800 yards of fill. A concrete block retaining wall, ranging up to six feet in height would retain the cut bank at the rear of the house, and the fill bank at the front. An underground, 1000-gallon water storage tank for landscape irrigation is also planned. Basis For Appeal The appellants explain their appeal in the attached letter. They cite efforts to comply with staff and Planning Commission city of san tins oaispo COUNCIL AGENDA REPORT Staff Report Page 4 direction, and to meet concerns with the house's scale and design. They also note that the house's design has been changed to more closely conform to Hillside Planning standards, and that there has not been any public opposition at any of the project's public hearings. Staff Analysis At about 4,500 square feet, this is a very large house. The fundamental issues raised by the Planning Commission seem to be whether the house's size is appropriate for this site, and whether its design is "stepped" as required by hillside design standards. There are other houses of this size located in hillside areas around the City. However because of this site's visibility from Chorro Street and State Highway 101, a large house on this site will stand out. Generally, the larger the house, the more difficult it is to meet hillside design standards. With the proposed landscaping, the house does not appear to pose overlook and privacy problems for neighbors. over time, with the proper selection building colors and materials and landscape screening, the house should be less noticeable and will blend in with the hillside. Staff has worked with the applicant to minimize grading and paving, increase landscaping, and to reduce the house's visual impact by making several architectural design changes. For example, a circular driveway originally shown has been deleted, and the house floor plan has been revised to provide additional "stepping" and reduce the need for retaining walls. Project Fit The house appears to "fit" the site in terms of topography, setbacks, coverage, and open space: a. The house conforms to Zoning Regulations for building height, setbacks, and lot coverage. The site area is about 2 acres, but its actual buildable area in the R-1 zone is about one- half the total area. The proposed house covers about 2700 square feet, or about three (3) percent of the total site area. This is consistent with City standards which allow a maximum lot coverage of 40% in the R-1 zone. b. As required by hillside planning standards, recommended condition 2, Exhibit "8" requires that the remaining 1/2 of the lot's total area would be preserved as open space through dedication of an easement to the City. The house is located at about the 290 foot contour elevation -- well below the C/OS ro V -jr city of San Luis OBispo COUNCIL AGENDA REPORT Staff Report Page 5 zone boundary which follows the 320 foot contour. C. The plan uses an existing disturbed area, and avoids the site's steepest portions. About 1,200 cubic yards of cut is proposed, and about 10,000 square feet of the site would be disturbed by construction. No additional grading is required for driveways or utilities, since the site is already served by both. Visual Impact The project does not appear to pose a significant, long-term visual impact, although initially it will be . highly visible from the neighborhood below. The house would be built on the lower slopes of Cerro San Luis Obispo, and would be adjacent to two other houses at approximately the same hillside elevation. There are many mature oaks on the site, but all are located at the upper portion of the site and would not be affected by this project. There are other houses of this size, or larger, located in hillside areas around the City. However because of this site's visibility from Chorro Street and State Highway 101, a large house will stand out. Over time, with the proper selection of colors and landscape screening, the house will be less noticeable and will blend in with the hillside. The house's main visual impact would be from the Chorro Street neighborhood, from Center Street south to State Highway 101. It would generally not be visible from major public streets or from other nearby hillside areas. Due to highway landscaping, the house would be visible only momentarily by motorists travelling south on State Highway 101, and not at all by northbound motorists. Hillside Development standards For hillside areas, the City has adopted design standards to guide staff and commission review. These standards, and the project's design response, are reviewed below: a. All building sites must be located totally within the urban .reserve line. Lot lines for individual parcels may cross the urban reserve line to meet dimension and area requirements of the subdivision regulations. The house is sited below the 320 foot contour, and within the urban reserve and R-1-S zone. b. Landscaping which is visually compatible with existing hillside vegetation should be used to screen building r J�J city of San lues OBISpo COUNCIL AGENDA REPORT Staff Report Page 6 foundations and provide a landscaped transition between housing areas and adjacent open space. Foundation and retaining walls would be densely landscaped, and front and rear yards would have a range of drought-resistant ground covers, shrubs and trees to provide a visual transition to the natural hillside vegetation. Coast Live Oak would be the dominant tree type used to enframe views of and from the house. The plan appears to meet the City's landscape standards, although more California native plant species be used, and the ARC that some faster-growing trees should be included is appropriate. More information is needed on irrigation, plant sizes, spacing, planting details, and erosion control. on As a condition of hillside development, the City will secure land beyond the urban reserve as permanent open space by scenic or open space easements, fee simple dedication, parkland dedication, land trades, or other mechanism acceptable to the City. The appellants have not proposed any open space dedication, however they are aware that this is a likely condition of any development approval. d. The density allowed by the Cityls C/Os zoning of land beyond the urban reserve shall, at the ownerts discretion, be transferred to commonly held, adjoining land within the urban reserve; or be transferred to other residentially zoned land within the City. The appellants do not propose, nor do they need, to transfer allowable C/OS-20 density credit to the R-1-S site. Hillside planning policies for the Hill Street area allow, but do not require applicants to transfer the allowed density from the lot, including both R-1- and C/OS-zoned portions, to other residentially zoned sites in the city upon approval of a planned development. e. Grading on individual lots should be minimized. Houses should generally be built close to the street. The grading of visible driveways should be minimized. Staff has worked with the applicant to address several grading and design concerns. These plans show marked improvement over early versions, especially with regard to grading. In this revised design, the amount of cut has been reduced from about 1700 to 1200 CU. yds. By eliminating a previous through-driveway and portecochere, the designer was able to shift the house and reduce the amount of cut. The house is located about midway between the lower end of the lot and the C/OS boundary, about 70 feet above V V� city of San Luis OBISpo , COUNCIL AGENDA_ REPORT Staff Report Page 7 Hill Street. In staff's view, the house's location is appropriate, given the site's topography and existing driveway location. f. Color andtexture of buildings should blend with the natural landscape, and highly contrasting colors or materials should be avoided. The proposed beige house color will contrast with the natural, dark green colors of the hillside during winter; however it will blend in within the hillside's light brown colors in late Spring, Summer, and Fall. A slightly darker earthtone color would blend in better with the hillside, and the applicant has agreed to return to the ARC with darker colors as suggested. The mission-tile roof, copper gutters and downspouts, red brick, split face block, bronze anodized aluminum window frames, and wood trim will blend in with the hillside's natural colors, and are appropriate materials. g. Houses should be built in stepped levels to conform to the slope of the hili and keep a low profile. The use of prominent stem walls and foundation piers should be avoided. The house has been cut into the hillside a depth of about eight feet so that the upper floor meets grade at the rear of the house. The foundation steps down three feet from the first floor elevation at 289 feet to the sunken family room and bedroom set at a finish floor elevation of 286 feet. The family room and bedroom open onto a covered portico along the front of the house. A split-face block retaining wall retains grade at the portico, front entry, and a portion of the parking area. The wall would be screened by drought-resistant shrubs and trees planted around the base of the house. With a different floor plan, the house could be stepped more on the site; however given this appellant's preference for a house of this size, staff feels that the design responds adequately to the standard. If the house is stepped more, its overall height could increase, thus increasing its apparent size and scale from the neighborhood below. Slope Stability This and the adjacent lots above Hill Street are located at the toe of an ancient landslide. To address concerns with slope stability, the Planning Commission required an engineering geology report to be prepared. An engineering geology report has been prepared for the Jeong house, and the report concludes that the site is stable, and that it can accommodate the proposed design. While special foundation design measures may be required,, slope stability does not appear to be a concern for this project. 11111 ►III@�P211111111U city of San lues OBISpo NMZo COUNCIL AGENDA REPORT Staff Report Page 8 ALTERNATIVES 1. Adopt the draft resolution, Exhibit "A", denying the appeal and upholding the Planning Commission's action to deny Use Permit 1463 subject to the recommended findings. 2. Adopt the draft resolution, Exhibit "B", upholding the appeal and approving Use Permit 1463 subject to the recommended findings and conditions, or other findings and conditions as appropriate. 3. Continue the item with direction to the appellant as to design changes or additional information needed. RECOMMENDATION After considering public testimony, Planning Commission comments, and the staff report, adopt a resolution to uphold or deny the appeal subject to the appropriate findingsand conditions. Attachments: -Draft Resolutions -Appeal Letter -vicinity Map -Reduced Site Plan and Elevations -Planning Commission Minutes jh/U1463cc.wp 6 RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A HOUSE ON A SENSITIVE SITE AT 367 HILL STREET, (U 1463) . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findincs. That this council, after consideration of public testimony, the appellants' application and plans for a use permit to allow development ofa two-story, 4500 square foot house on a sensitive hillside site, the apellants' statements, the Planning Commission's action, and staff recommendations and reports thereon, hereby denies Use Permit U1463 based on the following findings: 1. The proposed use does not conform to hillside planning standards requiring houses to be stepped to follow the natural terrain and. the requirement that hillside grading be minimized. 2. The proposed house is excessively prominent and does not fulfill the "S" zoning designation objectives. 3. The proposed use is not appropriate at the proposed location and will not be compatible with surrounding land uses, due .to the excessive scale and mass of the proposed house in relation to neighboring houses. 4. The proposed use is categorically exempt from environmental review under the City Environmental Guidelines and the California Environmental Quality Act, Section 15303. On motion of seconded by , and on the following roll call vote: EXHIBIT A. .S- 9 i a AYES: NOES ABSENT: the foregoing resolution was passed and adopted this day of , 1990. Mayor Ron Dunin ATTEST: Pam Voges, City Clerk APPROVED: C ty dmin stra ive Of icer y for ey - - L Co unity Deve o ent Director 0/0 ORESOLUTION N0. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A USE PERMIT FOR A NEW HOUSE ON A SENSITIVE SITE AT 367 HILL STREET, (U 1463) . BE IT RESOLVED by the Council of the City of San Luis Obispo as, follows: SECTION 1. Findings. That this council, after consideration of public testimony, the appellants' plans and applications for a use permit to allow a two-story, 4500 square foot house at 367 Hill Street, (U 1463) the appellants'. statements, the Planning Commission's action, and staff recommendations and reports thereon, hereby upholds the appeal and makes the following findings: 1. The proposed project conforms to Zoning Regulations and Hillside Planning Standards and will be compatible with adjacent residences and with the neighborhood in'terms of architectural scale, massing, and design; 2. The proposed project is consistent with its environmental setting in that it includes the following features to minimize its visual impact: A. Site and building plans are designed to take advantage of existing driveway location and previously graded areas to minimize site disturbance. B. Grading for the proposed house has been designed to minimize the need for prominent stem walls or tall retaining walls. C. The proposed house .is setback at least 51 feet from Hill Street, and approximately 60 feet from the - nearest adjacent house. D. The applicant intents to grant an irrevocable offer to dedicate an open space. easement over approximately one-half of the lots' total area to preserve the upper hillside area in its natural state. 3. Based on the City's Environmental Guidelines and the California Environmental Quality Act, the project is categorically exempt from environmental review, CEQA Section 15303. -' 4. The proposed use will not adversely affect the health, EXHIBIT B �/ safety and welfare of persons living or working on the site or in the vicinity. 5. The proposed use is appropriate at the proposed location and will be compatible .with surrounding land uses. SECTION 2. Project Approval. Use Permit U1463 , allowing a two-story house at 367 Hill Street is hereby approved subject the following conditions: 1. The site is considered a sensitive site,. and the project shall require Architectural Review Commission approval. 2. Applicant shall grant to the City an irrevocable offer of dedication for an open space easement on that portion of the lot above the 320-foot contour elevation, to the approval of the Community Development Director. 3. Applicant shall install building sprinklers and a dry standpipe for fire protection, to the approval of the. Public Works Department and the Fire Marshal. 4. Applicant shall submit, with any subsequent construction permit application, an engineering geology report prepared by a registered "engineer licensed by the State of California to provide such services. Grading, drainage, and building plans shall strictly conform to the requirements of the engineering geology report, to the approval of the Chief Building Official. 5. Drought-tolerant landscaping shall be used which is visually compatible with the hillside and which_ screens the retaining walls and house foundation, to the approval of the Community Development Director. On motion of seconded by , and on the following roll call voter AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1990. O Mayor Ron Dunin ATTEST: Pain Voges, City Clerk APPROVED: r ci+-y. infstrgtive 6fficer OC' tt ne Community Develbpmbnt Director O �-/3 I . ,_, cityof SM WIS OBISo a .F M'' 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 F APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I , Chapter 1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of ileo rendered on x-_13 I°i9 p which deci ion consisted of the following (i .e. set forth factual situation and the grounds for submitting this appeal . Use additionalsheetsas' needed) : L V�v\tc.l zj V Sllz p;rr-wlI l U (q(-Z3 J} r_ N2w kvvS c RECEIVE ® JUN I s i99a axr aFaac M LIAS 081vo.ra The undersigned discussed the derision being appealed from with: A1Ta Name/Ti lle \ ke- W.111*c�tm lk FnpA Representative h fi C �nc ^�r 5'I�-ee r S LO Address T� Pla�hih� c+�41.1 ( S`{39 sroc) Phone Original for City Clerk Copy to City Attorney —� Calendared for: 4?-7-%O Copy to City Administrative Officer Copy to the following department(s) : `� A.. TNAs City Cler - �f' .- —c' l THEDEVELOPMENT PLANNING ONE BUENA VISTA ROB STRONG Ft? PLA * PU1 NIN ECONOMIC RESEARCH SAN LUIS OBISPO A.I.C.P. MILL PROJECT MANAGEMENT CALIFORNIA 93401 (SM) 543-9560 C) .z k June 15, 1990 Mayor Dunin and City Councilmembers CM OF SAN LUIS OBISPO City Hall, 990 Palm Street San Luis Obispo, Ca.- 93401 Subject: Appeal of Planning Commission Denial , Use Permit U1463, New house on R-1-S site, 367 Hill Street, Jeong/ Strong. Dear Mayor Dunin and Councilmembers: It is unfortunate that the Planning Commission, on June 13, 1990, denied use permit U1463, despite staff recommended approval, and without clear explanation of reasons for this action. In fact, the commission hearing was closed after a favorable staff report, my presentation of the additional design refinements we were proposing to respond to the June 4 comments by , the Architectural Review Commission, and information responding to the December, 1989 concerns of the Planning Commission. 'There was NO neighbor or other public opposition or concern at any of these prior hearings, but �- , the majority of the Planning Commission apparently felt that the visibility of the house and/or its basic design was unacceptable, despite six months of applicant modifications to address specific City concerns. Personally and professionally, I believe the denial to be very unfair and unjustified: a dangerous and cavalier attitude to the reasonable. private property rights of the Jeongs, without clear public purpose or be.rnefit. If nothing else, the public hearing by the Planning Commission was deficient since the Commission did not allow the applicant any opportunity to answer- '.questions" of commissioners raised only after the public hearing was closed. I .am thankful that this abuse of authority has a potential redress by appeal to the City Council and look forward to explaining the :Jeong's proposal to develop this new home on this sensitive site. If you have any questions or need further information before the public hearing on this appeal . please feel free to call me. Sincerely, Rob Strong, A.I. P. cc: Jeong OP i- O ' '• � r •r'•`' r I � �vV l J � — 1. • / G ,�. .;e?.'^gip `• 10 , 11,00, 7 • , • /0 M• . 0 e is f VICINITY MAP w w i L ARC 89-122 USE PER - MIT. 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I n u �t F. �1 -- tisry,nt .. www.w.�,wn :. �'wo..woa.• ��w �11 t N.^JI�V/�e' v1 _ R ? ; ti' 7- � ;1 y'jgyi# 4. y � W1�rr?,� .''i .1 •I Is au t u; a 1 ( a v{Ru iI ' r at{ 4l«, 'f� ,• ai(R y( l Hitt l« ll( ' \ ( ` P } c ( «. 4404 « I 0 1 — yM• �1l wa it iii 4A «t t( 1({I l l( i ]4♦ «( r it j IT v Inc "u( till 4W Mc < i(i 'y i 1 eta u nul l« i i IIy11'iI,LLII({ l l«1 1 r c( « «1, J ` I � _ 1 6 • �� 1, �r r-- �. 14 t L-� I� 11 draft P.C. Minutes June 13 , 1990 Page 4. Commr. Kourskis was against the motion because she felt it the use was in`, conflict with Broad Street reffic. Commr. Schmidt was con'cerne with the long-term viability of this use at the site due to the projec ions of increased traffic on Broad Street. Commr. Billington suggests amending condition 2 to ensure screening of evening lights from reside tial areas nearby. The motion maker and seco d agreed with the amendment . VOTING: AYES - Commrs. arleskint, Peterson, Billington, Schmidt, and Hoffman. NOES - Commr. ourakis. ABSENT - Commr Gurnee. The motion passed. ------------------------=--------------------------- Item 5. Public Hearing• Use Permit U 1463. Request to allow a new house on a sensitive site; 367 Hill Street; R-1-S and C/OS-20 zones; William and Beatrice Jeong, applicants . (Continued from December 13_ 1989) . ---------- ------------------------------------------------------------ Greg Smith presented the staff report and recommended approval of the permit , subject to findings and conditions. Commr. Schmidt felt condition 4 should be more complete regarding the geological excavation and have professional supervision involved.. Chairman Hoffman opened the public hearing. Rob Strong, 1 Buena Vista, applicant representative, concurred with the staff report. He noted the ARC concerns were being addressed regarding rooflines and scale, screening and landscaping, and using darker colors. He felt the project was compatible with Hillside' Development standards. Chairman Hoffman closed the public hearing. Commr. Schmidt felt the site was prominently seen throughout the community and did not think the house was suitable for the location nor that the hillside would support the large trees proposed on. site. Commr. Karleskint felt the house was suitable for the site and followed Hillside Development standards. Commr. Billington agreed with Commr. Schmidt and was also concerned with drainage and run -off, fire hazards on site, and potential for landsliding._ draft P.C. Minutes June 13, 1990 Page 5. Qommr. Kourakis did not feel the project conformed with Hillside Development standards. Commr. Peterson agreed with 'Commr. Karleskint and favored approval. He felt the applicant had adhered to the standards and guidelines . Chairman Hoffman was concerned with the lack of first and second floor stepping into the hill and preferred to see the design follow hillside contours. Commr. Kourakis moved to deny the request , as it did not conform to Hillside Development standards and was too visually prominent, subject to findings 1 through 3. Commr. Schmidt seconded the motion. VOTING: AYES - Commrs. Kourakis, Schmidt , Billington, and Hoffman. NOES - Commr. Karleskint and Schmidt . ABSENT - Commr. Gurnee. The motion passed. Mr. Strong felt the procedure of closing the public hearing, holding Commission discussion and taking action without allowing the applicant to respond to subsequent Commission concerns was unfair. -------------------------------- --------- ------------------- --------------- Item 6. Public Hearing: General Plan A endment & RezoningGP/PD 1455. Consideration of emending the L nd Use Element Map and Zoning Map . to change the designations fro medium-high density residential , historical preservation (R-3 to retail-commercial , historical preservation, planned develop ant (C-C-H-PD); 1015 Nipomo Street ; Michael and Mary Leitcher, a plicenta. (Continued from September 13, 1989, January 10, March 4, and May 23, 1990) . Judith Lautner presented the staff r port and discussed the changes in the request since its previous presentation. She recommended the Commission review the proposal and suggested a ternatives and recommend that Council . approve or deny the request. Erwin Willis discussed the fire pr vantion measures necessary to this site. Commr. Karleskint noted that he oke with the applicant about the restoration. Commr. Kourakis was concerned w th losing residential facilities downtown. O �Se23 THE -MEETING A7GEND,/� PLANNING A ni 0 ONE BUENA VISTA ATE '/=LQ. f I�IYI fl El 1:10 SAN SIS OBISPO q�7�7 MILL OALIFOFiNIA 901 .Ily 31. . 1.990 Mayor Dunin and City Councilmembers- CITY OF SAN LUIS OBISPO City Hall , 990 Palm Street San Luis Obispo, Ca . 93401 Subject : Appeal of Planning Commission Denial , Use Permit U1463 , New house on R-1-S site , 367 Hill Street , Jeong/ Strong . Request for continuance of public hearing to Sept . 4 . Dear Mayor Dunin and Councilmembers : When I filed the appeal on June 15 . 1990 , I did not anticipate that this hearing would be delayed until August 7 . 1 have a prier, commitment to present a development proposal at a pl.ib l i c ht-a: i rig before the City of Atascaderr, Planning Commission at exact- Ly the same date and time _ I am also unable to assure attendance at, the next regular Council meeting of August 21 . and have discussed these problems with the ?eo!-Igs . Because of these scl edule O conflicts they consent to my request ask that oura hearing be continued to September .4 , 1990 . I appreciate that. the agenda for the August 7 meeting is crowded and that. this matter must be introduced due to the advertised public hearing, but' have advised the Jeongs and others that the matter will not be considered until September 4, assuming that the Council will respect my problem and continue the hearing . Sincerely, Rob Stron A. I . C_ . P . cc : Jeong COP'F�TQ: dr.-,Action FYI t . I? coo E! r mE a= W. v `. s t. IJ tTTC:v'J Y 1-i P4 DIR I_J L4Ci. f^• rC C DTP ri 1LJ11'!�UE('0,' 1• � I ;k IV CA