HomeMy WebLinkAboutR-10839 Denying in part, & Upholding in, part the ARC's decision to deny a request to modify approved colors & building design for a remodled building 1135 Santa Rosa StreetRESOLUTION NO. 10839 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING IN PART, AND UPHOLDING IN
PART, AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY
APPROVED COLORS AND BUILDING DESIGN FOR A REMODELED
BUILDING, AND DIRECTING THAT AN ALTERNATIVE
MODIFICATION TO COLORS OR DESIGN BE CONSIDERED BY THE
ARCHITECTURAL REVIEW COMMISSION FOR FINAL DECISION
(1135 SANTA ROSA STREET, APPL-1070-2017)
WHEREAS, the Architectural Review Commission granted approval for the remodeling
of a commercial building, and an addition of a third floor with two new dwellings, to the building
located at 1135 Santa Rosa Street, on July 6, 2015 (Resolution No. ARC -1013-15), under
application ARCH -0846-2015; 33 Tons, LLC, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room (Room 9) of City Hall, 990 Palm Street,
San Luis Obispo, California, on July 10, 2017, pursuant to a proceeding instituted under
application ARCH -0722-2017, 33 Tons, LLC, applicant, to consider modification of the
application ARCH -0846-2015, including requested changes to approved colors to allow the
current building colors to remain and elimination of a bulkhead feature included in the approved
project design, and continued consideration of the request to a date uncertain, providing direction
to the applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room (Room 9) of City Hall, 990 Palm Street,
San Luis Obispo, California, on September 11, 2017, to further consider the requested changes to
approved colors and elimination of a bulkhead feature from the approved project design, and
denied the request; and
WHEREAS, On September 18, 2017, Ben Kulick of 33 Tons, LLC filed an appeal of the
Architectural Review Commission's decision to deny the request for changes to approved building
colors and project design; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 3,
2017, to consider the appeal of the Architectural Review Commission's decision, and voted 4-0
(Councilmember Gomez recused) to deny the appeal, in part, denying the request to retain current
building colors without modification, and to uphold the appeal, in part, allowing elimination of the
bulkhead feature; and
WHEREAS, the City Council of the City of San Luis Obispo directed the appellant to
propose an alternative change to building colors, materials or design to minimize the apparent
massing and scale of the Marsh Street approach to the building (the rear residential balcony side)
Resolution No. 10839 (2017 Series) Page 2
to be reviewed by the Architectural Review Commission for a final decision, and provided further
guidance, as set forth in Section 3 of this Resolution; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public meeting
and considered this item on the Consent Agenda in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, on October 17, 2017, to consider the adoption of a Resolution
denying the appeal, in part, and upholding the appeal in part, with direction to the appellant and
Architectural Review Commission; and
WHEREAS, notices of said public hearing and meeting were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and evaluation and recommendations by staff presented at said
hearing and during subsequent public comment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findin s. Based upon all the evidence, the Council makes the following
findings:
a) The requested change under application ARCH -0722-2017, to approve a
modification to originally approved colors (as reflected in application
ARCH -0846-2015) and to allow the existing building colors to remain, without
modification, is not consistent with General Plan Land Use Policy 4.20.4, which
states that new buildings are to fit within the context and scale of existing
development. The monochromatic building color modification requested for
approval under application ARCH -0722-2017 results in a building that appears
bulkier and more massive, as viewed approaching it along Marsh Street,
diminishing the balance and rhythm along that frontage that the approved color
scheme provided.
b) The requested change under application ARCH -0722-2017, to approve a
modification to originally approved colors (as reflected in application
ARCH -0846-2015) and to allow the existing building colors to remain, without
modification, is not consistent with the City's Community Design Guidelines. The
monochromatic building color scheme modification requested for approval under
application ARCH -0722-2017 results in the loss of articulation and of balance and
rhythm between building forms that the approved color scheme provided, causing
the building to appear bulkier and more massive, as viewed approaching it along
Marsh Street. The resulting appearance does not achieve the objectives of harmony,
rhythm, and balance reflected in § 2.2 (A), the careful balance of articulation
encouraged by § 2.2 (B), or the attention to detail and emphasis on articulation to
visually reduce the apparent mass of a building called for in § 2.2 (C).
R 10839
Resolution No. 10839 (2017 Series)
Page 3
C) The elimination of the bulkhead feature requested for approval under application
ARCH -0722-2017, which currently is not installed as was reflected in approved
application ARCH -0846-2015, is consistent with General Plan Land Use Element
Policy 4.20.6 (Sidewalk Appeal) encouraging details which can be appreciated by
people on the sidewalks. The desired sidewalk appeal has been achieved through
careful attention to window design along the Marsh Street building fagade, as well
as through the installation of attractive landscaping that enhances the pedestrian
experience.
SECTION 2. Environmental Review. This application is exempt from the provisions of
the California Environmental Quality Act (CEQA). It involves a minor alteration of an existing
structure, as described in CEQA Guidelines § 15301 (Existing Facilities).
SECTION 3. Action. The City Council does hereby deny, in part, and uphold, in part, the
appeal filed by Ben Kulick of 33 Tons, LLC, and directs the appellant to submit and the
Architectural Review Commission to review an alternative change to building colors or design
that will achieve a reduction in perceived building mass, with the following additional guidance:
a) The use of the existing Custom Merlex Blend (grey) finish as a primary building
color is acceptable with additional direction noted in this Section of this Resolution;
b) The building colors, materials or design shall be modified to achieve a visual
reduction in apparent building mass and scale, specifically to break up the
perception of building mass when viewed from the Marsh Street approach (at the
west elevation and southwest corner of the building), subject to the final approval
of the Architectural Review Commission; and
C) The Appellant shall not be required to install the cut -tile bulkhead feature as
reflected in application ARCH -0846-2015.
R 10839
Resolution No. 10839 (2017 Series)
Page 4
d) The modifications directed herein by the Council shall constitute the final action of
the Council, with final review and approval of the revised design submitted by the
Appellant to be conducted by the Architectural Review Commission, with no
further administrative appeal to the City Council. Submission of a revised design
consistent with the Council direction herein and final ARC action shall constitute
exhaustion of administrative remedies for purposes of seeking judicial review of
final City action.
Upon motion of Council Member Christianson, seconded by Council Member Pease and on the
following roll call vote:
AYES: Council Members Christianson and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
RECUSED: Gomez
The foregoing resolution was adopted this 17th day of October, 2(,I 7.
IM
ATTEST:
Carrie Gallagher, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this aq4h day of Q544&, , ,2Q14.
L zra444�-' Z&L�
Carrie Gallagher, City Clerk
R 10839