HomeMy WebLinkAboutARC-1001-17 (ARCH-3735-2016 -- 2058 Fixlini Street)RESOLUTION NO. ARC -1001-17
A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL
REVIEW COMMISSION APPROVING A NEW SINGLE-FAMILY
RESIDENCE WITH A ROOF DECK AND A SECONDARY DWELLING
UNIT ON A SENSITIVE SITE (LOT 2), WHICH INCLUDES A REQUEST
FOR A FENCE HEIGHT EXCEPTION, IN ACCORDANCE WITH
ADOPTED MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT RESOLUTION NO. 9622 (2004 SERIES)., AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
JANUARY 9, 2017, 2058 FIXLINI STREET (ARCH -3735-2016)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on January 9, 2017, pursuant to a proceeding instituted under ARCH -3735-
2016, Dunes Valley View, LLC, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has
duly considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of
the City of San Luis Obispo as follows:
SECTION 1. Findings. The Architectural Review Commission hereby grants final
approval to the project (ARCH -3735-2016), based on the following findings:
1. The proposed project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because, the project conforms to all Zoning
Regulation requirements.
2. The project is consistent with the General Plan because it promotes policies related to
compatible development (LUE 2.3.9), residential project objectives (LUE 2.3.11) and housing
production (HE 6).
3. The project is consistent with the Community Design Guidelines, because it will be an
aesthetic improvement to the site and surrounding neighborhood because of design elements,
including roofing style, siding material and finish, and other various materials and
architectural features incorporated into the building that are compatible with architectural
characteristics of existing houses in the neighborhood.
4. The project is consistent with Infill Development regulations because outdoor living areas are
strongly encouraged in infill developments and the project proposes balconies and porches
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that provide a transition from public spaces to indoor private spaces.
5. The proposed roof deck is consistent with Community Design Guidelines Chapter 5.4A (site
planning) since the proposed roof deck is designed to reduce privacy and noise impacts to
adjacent neighbors due to the orientation of the deck that does not create any direct overlook
towards an existing or proposed private outdoor space in proximity of the proposed roof deck.
6. The project site is designated as a "sensitive site" by Resolution No. 9622 (2004 Series); in
order to ensure development of the property will respect existing site constraints (slope, creek,
springs, trees), and compatible in scale and character of the surrounding neighborhood. The
project is consistent with the General Plan and the property's sensitive site status because the
building design is compatible with the surrounding neighborhood.
7. As conditioned, the project is consistent with conditions of approval for Tract 95-03, County
Tract Map No. 2570, and mitigation measures of the adopted Mitigated Negative Declaration.
Fence Height Exception
8. The proposed fence and wall combined height of 13.5 -feet that is perpendicular to the
southern property line is acceptable at the subject location because the 10 -foot retaining wall
is necessary for adequate grading on the site which also includes a 42 -inch guardrail that is
required for safety.
9. As conditioned, no public purpose is served by strict compliance with the City's fence height
standards because the fence will not create a visible or tangible obstruction between properties
or the public right-of-way because the fence is perpendicular to the property line within the
other yard, approximately 60 -feet away from the public right-of-way.
SECTION 2. Environmental Review. On November 16, 2004, the City Council adopted
a Mitigated Negative Declaration for the development of Tract 2570 (TR/ER 95-03). The City
Council determined that the project's Mitigated Negative Declaration adequately addresses the
potential significant environmental impacts of the proposed project.
SECTION 3. Action. The Architectural Review Commission (ARC) hereby grants final
approval to the project with incorporation of the following conditions:
Planning Division
1. A building plan check submittal that is in full conformance with submitted project plans and
the following conditions of approval shall be submitted for review and approval of the
Community Development Department. A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all conditions of project approval.
Reference shall be made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other conditions
of approval, must be approved by the Director or Architectural Review Commission, as
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deemed appropriate.
2. All conditions established by TR/ER 95-03 shall be incorporated herein as conditions of
approval.
Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements on elevation drawings, including retaining walls.
The shared driveway shall be designed with permeable pavers in accordance to Land Use
Element Policy 6.6.6, to the satisfaction of the Community Development and Public Works
Directors.
4. Building plans shall comply with property development standards, including building heights,
setbacks, required yards, and parking requirements.
5. Building plans shall require a final grading plan, erosion control and drainage plan and
appropriate calculations for the entire site. The grading plan shall include existing and
proposed contours to clearly depict the proposed grading and drainage for the site. The
grading plan shall comply with the requirements for grading in accordance with the grading
ordinance (Municipal Code J101.6).
6. Plans submitted for a building permit review shall include lighting fixture details. The
locations of all lighting fixtures shall be clearly called out on building elevations included as
part of working drawings. The lighting schedule for the building shall include a graphic
representation of the proposed lighting fixtures and cut -sheets shall be separately submitted
for the project file of the proposed lighting fixtures. The selected fixture(s) shall be shielded
to insure that light is directed downward consistent with Section 17.23.050 of the Zoning
Regulations.
7. Plans submitted for construction permits will include elevation and detail drawings of all walls
and fences. Fences, walls, and hedges will comply with the development standards described
in the Zoning Regulations (§ 17.16.050 —Fences, Walls, and Hedges).
8. Where fences are located on retaining walls within other yards, fences shall not exceed six
feet as measured from the uphill side; the combined fence and retaining wall height shall not
exceed nine feet from the lower side. Any deviation from the fence height regulations, other
than the wall along the southern property line as discussed in this report, shall require a Fence
Height Exception.
9. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with
corresponding symbols for each plant material showing their specific locations on plans.
10. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
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include the materials and dimensions of all lintels, sills, surrounds recesses and other related
window features.
11. Plans submitted for a building permit shall include a revised colors and materials board that
demonstrates a lighter color palette including alternative materials for the flat roof. The colors
and materials shall be consistent with the Community Design Guidelines, to the satisfaction
of the Community Development Director.
Engineering Division — Public Works/Community Development Department
12. Projects involving the construction of new structures requires that complete frontage
improvements be installed or that existing improvements be upgraded per city standard. MC
12.16.050
13. The building plan submittal shall show the existing driveway apron for Lot 2 to be abandoned
and replaced with sidewalk, curb, and gutter per city engineering standards.
14. Development of the driveway and parking areas shall comply with the Parking and Driveway
Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving
materials are recommended for water quantity and/or quality control purposes and in the area
of existing or proposed trees and where the driveway or parking area may occur within the
dripline of any tree. Alternate paving material shall be approved to the satisfaction of the
Planning Division.
15. The building plan submittal shall show all parking spaces that are adjacent to a post, column,
or wall shall be one additional foot in width per City Engineering Standard 2220.
16. The common driveway agreement shall be recorded prior to building permit issuance. The
shared driveway area shall include the entire drive aisle within Lots 1 and 2 to account for
maneuverability into and out of all parking spaces.
17. The building plan submittal shall include a complete site utility plan in compliance with Tract
2570 improvement plans. The utility plan shall show all existing and proposed connections
to the storm drain. Any intercepted spring or perched groundwater shall be connected to the
existing storm drain laterals and shall not be discharged to the face of curb in accordance with
Engineering Standard 101OB. All existing and proposed utilities along with utility company
meters shall be shown. Existing underground and overhead services shall be shown along
with any proposed alterations or upgrades. All work in the public right-of-way shall be shown
or noted.
18. The grading and drainage plan shall show existing structures and grades located within 15' of
the property lines in accordance with the grading ordinance. The plan shall consider historic
offsite drainage tributary to this property that may need to be accepted and conveyed along
with the improved on-site drainage. This development may alter and/or increase the storm
water runoff from this site or adjoining sites. The improved or altered drainage shall be
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directed to the street and not across adjoining property lines unless the drainage is conveyed
within recorded easements or existing waterways.
19. The building plan submittal shall include a drainage report showing the sizing of all existing
and proposed components of the drainage system. The grading and drainage plan and report
shall show and note any modifications to the existing drainage improvements located along
the upslope side of the lot. The drainage system shall be designed with a safe overflow for
the 100 -year storm event.
20. Alterations to the subdivision improvements such as changes to the drainage swale will
require the submittal of as -built plans to the City prior to final inspection approvals.
21. The building plan submittal shall show the location, extent and nature of all proposed site
retaining walls or wall and fence combinations. Wall and/or fences shall be approved by the
Planning Division for compliance with the fence height requirements of the Zoning
Regulations.
22. A separate grading/retaining wall permit shall be required for the proposed work on Lot 3.
23. The building plan submittal shall show compliance with the Post Construction Stormwater
Requirements as regulated by the Regional Water Quality Control Board for redeveloped
sites. Include a complete Post Construction Stormwater Control Plan Template as available
on the City's Website.
24. EPA Requirement: This project is considered a part of a larger common plan of development.
General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading or excavations
result in land disturbance of one or more acres. Storm water discharges of less than one acre,
but which is part of a larger common plan of development or sale, also requires a permit.
Permits are required until the construction is complete. To be covered by a General
Construction Activity Permit, the owner(s) of land where construction activity occurs must
submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State
Regional Water Quality Control Board. An application is required to the State Board under
their recently adopted Stormwater Multi -Application, Reporting, and Tracking System
(SMARTS).
25. The building plan submittal shall include a copy of the Storm Water Pollution Prevention Plan
(SWPPP) for reference. Incorporate any erosion control measures into the building plans as
required by the Board, identified in the SWPPP, and in accordance with Section 10 of the
city's Waterways Management Plan. The building plan submittal shall include reference to
the WDID number on the grading and erosion control plans for reference.
26. The building plan submittal shall show all existing trees on the property with a trunk diameter
of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root
systems that extend onto the property shall be shown for reference. The plan shall note which
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trees are to remain and which trees are proposed for removal. Include the diameter and species
of all trees. Tree canopies should generally be shown to scale for reference. Tree removals
may require approval by the City Arborist and/or Tree Committee.
27. The building plan submittal shall show the planting of one 48" Coast Live Oak street tree with
a minimum 5" trunk diameter as a compensatory planting for the recently removed Oak street
tree. Tree planting shall be in accordance with City Engineering Standards.
28. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
city -approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans.
Indemnification
29. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents, officers
or employees to attack, set aside, void or annul, the approval by the City of this project, and
all actions relating thereto, including but not limited to environmental review ("Indemnified
Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being
presented with the Indemnified Claim and the City shall fully cooperate in the defense against
an Indemnified Claim.
Code Requirements
Utilities Department
1. During the declared drought emergency, the project's estimated total water use (ETWU) to
support new landscaping shall not exceed 50 percent of maximum applied water allowance
(MAWA). Information shall be submitted during the Building Permit Review Process for review
and approval by the Utilities Department prior to issuance of a Building Permit to support
required water demand of the project's proposed landscaping.
2. Potable water shall not be used for major construction activities, such as grading and dust control
as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's Municipal Code.
Recycled water is available through the City's Construction Water Permit program. Information
on the program is available at:
htip://www.slocity.orWhome/showdocument?id=5909
3. The proposed utility infrastructure shall comply with the latest engineering design standards in
effect during the time a building permit is obtained, and shall have reasonable alignments and
clearances needed for maintenance.
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On motion by Commissioner Rolph, seconded by Commissioner Root, and on the
following roll call vote:
AYES: Commissioners Rolph, Root, Nemcik, Vice -Chair Ehdaie, and Chair Wynn
NOES: None
REFRAIN: None
ABSENT: Commissioner Soll
The foregoing resolution was passed and adopted this 9th day of January, 2017,
Doug Davi on, Secretary
Architectural Review Commission