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Home My WebLink AboutARC-1015-2018 (APPL-1070-2017 -- 1135 Santa Rosa)RESOLUTION NO. 1015-18 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMISSION OF THE CITY OF SAN LUIS OBISPO APPROVING, WITH FURTHER DIRECTION, A MODIFICATION TO BUILDING DESIGN FOR A REMODELED COMMERCIAL BUILDING AT 1135 SANTA ROSA STREET (DOWNTOWN COMMERCIAL (C -D) ZONE; FILE #APPL-1070-2017) WHEREAS, on July 6, 2015, 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 (Resolution No. ARC -1013-15), under application ARCH -0846-2015; 33 Tons, LLC, applicant; and WHEREAS, on July 10, 2017, 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, 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 and elimination of a bulkhead feature from the project design, and continued consideration of the request to a date uncertain, providing direction to the applicant; and WHEREAS, on September 11, 2017, 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, to further consider the requested changes to approved colors and elimination of a bulkhead feature from the project design, and denied the request (Resolution No. ARC -1018-17); 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, on October 3, 2017, 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, 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, with direction to return to the Architectural Review Commission for final action on an alternative change to building color or design (Resolution No. 10839 (2017), finally adopted October 17, 2017); and WHEREAS, on May 7, 2018, the Appellant, Ben Kulick of 33 Tons, LLC submitted an alternative change to the building design, consisting of a modification of surface materials at the west elevation and southwest corner of the building, for review by the Architectural Review Commission, in response to the Council's direction; and Resolution No. ARC 1015-18 Page 2 APPL-1070-2017 (1135 Santa Rosa) WHEREAS, on July 16, 2018, 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, to consider final action on the alternative change to the building design; 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, and WHEREAS, notices of said public hearings 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. Findiwas. The Architectural Review Commission hereby approves the proposed alternative change to the building design, based on the following findings: a) The proposed change to the building design, with incorporation of the direction provided below, achieves a visual reduction in apparent building mass and scale, breaking up the perception of building mass when viewed from the Marsh Street approach at the west and southwest corner of the building, consistent with the direction provided by the City Council. b) The proposed change to the building design, with incorporation of the direction provided below, is consistent with General Plan Land Use Element Policy 4.20.4 which states that new buildings are to fit within the context and scale of existing development. The modification of surface materials at the southwest corner of the building introduces contrasting color that lightens perceived bulk and mass, as viewed approaching the building along Marsh Street, and enhances balance and rhythm along that frontage. C) The proposed change to the building design, with incorporation of the direction provided below, is consistent with the City's Community Design Guidelines. The modification of surface materials at the southwest corner of the building restores articulation, balance, and rhythm between building forms, and lightens perceived bulk and mass, as viewed approaching the building along Marsh Street. The. resulting appearance exhibits harmony, rhythm, and balance consistent with guidance provided in § 2.2 (A), balance of articulation encouraged by § 2.2 (B), and use of articulation to visually reduce apparent mass, as described in § 2.2 (C) of the Guidelines. d) The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). It involves minor alteration of an Resolution No. ARC 1015-18 APPL-1070-2017 (1135 Santa Rosa) Page 3 existing structure, as described in CEQA Guidelines § 15301 (Existing Facilities). SECTION 2. Action. The Architectural Review Commission hereby approves the revised design, pursuant to the direction and guidance provided by the City Council for final action on appeal APPL-1070-2017, as described in Resolution No. 10839 (2017), subject to the following conditions, and with the following direction: Conditions Note: Mandatory code requirements beyond the scope of these conditions may apply to this project, and compliance with such requirements will be evaluated when final plans for construction permits are reviewed (see Code Compliance Notes, below). Planning (Community Development) a) Conformance to a roved plans and conditions. Plans submitted for construction permits for this modification shall be in substantial compliance with the plans and photo -simulations submitted by the appellant on May 7, 2018, and with all conditions of project approval. Any change to the approved design, colors, materials, or landscaping, or to any conditions of approval must be reviewed and approved by the Community Development Director or Architectural Review Commission, as deemed appropriate. Indemnity b) 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. Additional direction a) Apply two different colors as originally approved to break up the massing as directed by City Council. The Merlex blend may be used as the lighter or darker color shade. On motion by Commissioner Nemcik, seconded by Commissioner Soll, and on the following roll call vote: AYES: Nemcik, Rolph, Root, Soll NOES: Smith Resolution No. ARC 10 15 -18 APPL-1070-2017 (1135 Santa Rosa) REFRAIN: None ABSENT: Beller, Withers The foregoing resolution was passed and adopted this 16th day of July 2018. 1d;I'M 14kx� Doug Davidson,cretary Architectural Re iew Commission Page 4