HomeMy WebLinkAboutPC-1005-2019 (APPL-0331-2019 and ARCH-1512-2018 -- 221 Casa St.)RESOLUTION NO. PC-1005-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED
BY DILLER RYAN) THEREBY APPROVING A REMODEL AND
ADDITION TO A LEGAL NONCONFORMING SINGLE-FAMILY
RESIDENCE TO CREATE THREE ONE -BEDROOM RESIDENTIAL
UNITS IN TWO STRUCTURES IN THE OFFICE ZONE, WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
JULY 10, 2019 (221 CASA STREET, APPL-0331-2019)
WHEREAS, the Community Development Director of the City of San Luis Obispo, on
April 12, 2019, approved a remodel and major addition of an existing residential structure,
pursuant to a proceeding instituted under ARCH-1512-2018, Dr. Boris Pilch, applicant; and
WHEREAS, on April 22, 2019, Diller Ryan, as a member of the public, filed an appeal of
the Community Development Director's Decision, and
WHEREAS, the Planning Commission 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
July 10, 2019, pursuant to a proceeding instituted under APPL-0331-2019, Diller Ryan, appellant;
and
WHEREAS, the Planning 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 hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission does hereby deny an appeal (APPL-
0331-2019) of the Community Development Director's decision, thereby granting final approval
to the project (ARCH-1512-2018), based on the following findings:
1 _ As conditioned, the 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 will be compatible with the
site constraints and the character of the neighborhood.
2. The project is consistent with the General Plan's Office (0) land use designation of the
property, which allows residential uses, and with Land Use Element policy 2.3.9. (C.) that
calls for new development to reflect the rhythm of existing development because adjacent
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properties contain two-story structures with similar setbacks
3. The project is consistent with the Zoning Regulation's development standards, including
density, for the Office zone.
4. The project is consistent with Zoning Code provisions for nonconforming structures because
the building is over 50 years old, the proposal does not meet Zoning Regulations definition
of a demolition, the addition to the residence conforms to current development standards, and
the existing building and proposed additions are compatible with the surrounding
neighborhood.
5. The project is consistent with the character of the neighborhood, including other residential
buildings in the vicinity and the adjacent Santa Rosa Park, because structures in the
neighborhood are also of a two-story design and incorporate flat roofs.
6. The project provides adequate consideration of and measures to address any potential adverse
effects on surrounding properties such as, but not limited to, traffic, vehicular and pedestrian
safety, noise, visual and scale, and lighting because the development standards for the zone,
including for parking, have been met.
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review (Class 3, Section 15303, New Construction or Conversion of Small
Structures, State CEQA Guidelines) because it consists of a duplex or similar multi -family
residential structure, totaling no more than four dwelling units. The project is not located in a
particularly sensitive environment and would not impact an environmental resource of hazardous
or critical concern, because: the project site is located within an existing urbanized area consisting
of a residential neighborhood; the project consists of an 1,845-square foot addition to an existing
750-square foot structure, which is a minor addition that would not result in a significant
cumulative impact; the proposed project would not result in damage to scenic resources as seen
from a scenic highway, because the project site is not visible from any scenic highway; the project
site is not located on a site that contains hazardous materials; and the structure to be modified is
not a historic resource.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission (PC) hereby grants
final approval to the project with incorporation of the following conditions:
Planning Division
1. Final project design and construction drawings shall be in substantial compliance with the
project plans as amended and approved through this minor or incidental architectural review
process. A separate, full-size sheet shall be included in working drawings submitted for a
building permit that lists all conditions of project approval as Sheet No. 2. Reference should
be made in the margin of listed items as to where in plans requirements are addressed. Any
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Page 3
change to approved design, colors, materials, or other conditions of approval must be
approved by the Director or Architectural Review Commission, as deemed appropriate.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
3. 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
include the materials and dimensions of all lintels, sills, surrounds, recesses, and other related
window features.
4. Any proposed exterior lighting shall be shown on plans submitted for a building permit and
shall be downward -facing, fully recessed, and shielded to avoid light trespass and adverse
impacts to visibility of the night sky consistent with Chapter 17.23 of the Zoning Regulations.
5. The subject property shall be maintained in a clean and orderly manner at all times; free of
excessive leaves, branches, and other landscape material. The applicant shall be responsible
for the clean-up of any landscape material in the public right-of-way.
6. The final floor plan once constructed shall remain in substantial conformance with plans
submitted for entitlement. No additional walls creating areas that meet the zoning regulations
of bedroom shall be constructed.
7. Plans submitted for a building permit shall increase private outdoor space where possible,
including the southern facing balconies.
8. If during construction additional walls of the existing structure are demolished or removed,
beyond what is shown on plans, the non -conforming portion of the structure shall be made to
conform to setback standards.
Public Works
9. The building plan submittal shall comply with Municipal Code Section 12.16.050: projects
involving the construction of new structures requires that complete frontage improvements be
installed or that existing improvements be upgraded per city standard.
10. Unless otherwise approved for deferral by the City Public Works Director, new curb, gutter,
sidewalk, driveway approach, and street paveout shall be required as part of this development
and must be constructed in accordance with City Engineering Standards and Standard
Specifications. Line and grade shall be established by the developer and shall be shown on
the building plan submittal. A site visit to discuss frontage improvements may be necessary.
11. The building plan submittal shall show all wall/fence combinations in compliance with city
standards. A ten -foot line -of -sight triangle shall be maintained to improve visibility for
vehicles exiting the driveway and pedestrians using the adjoining public sidewalk area.
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12. The building plan submittal shall show the new driveway approach in compliance with city
and ADA Standards. The current city and ADA standards require a 4-foot accessible
sidewalk extension behind the ramp.
13. 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.
14. The building plan submittal shall show all existing and proposed public or private easements.
15. The building plan submittal shall include a complete grading and drainage plan. The grading
and drainage plan shall show all structures located within 15 feet of the property lines. The
plan shall consider offsite historic 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 stormwater runoff from this site or adjoining sites. The improved or
altered drainage shall be directed to the street and not across adjoining properties unless the
drainage is conveyed within a recorded easement or existing waterway. A summary drainage
report may be required.
16. The building plan submittal shall include a complete utility plan. The plan shall show all
existing and proposed wet and dry utilities, main locations, meters, and off -site work. All
wire utilities to all buildings shall be placed underground. The undergrounding of utilities
should be completed without a net increase of utility poles within the public right-of-way.
All proposed utilities shall be located outside the drip line and tree canopy of the existing oak
tree to remain.
17. The new water service(s) and water meters shall be sized in accordance with the approved
fire sprinkler plans. If a separate landscape irrigation meter is proposed or is required by
code, it may be prudent to consider upgrading/abandoning the existing service and install a
meter manifold to serve both the new units and landscape rather than only adding a second
service.
18. The building plan submittal shall show compliance with the Post Construction Stormwater
Requirements as promulgated by the Regional Water Quality Control Board for redeveloped
sites. Provide a complete Post Construction Stormwater Plan Checklist as available on the
City's Website. Include only the pertinent sheets from the checklist template.
19. The building plan submittal shall show all existing trees on the property with a trunk diameter
of 3 inches 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 trees are to remain and which trees are proposed for removal. Include the diameter
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and species of all trees. Tree canopies should generally be shown to scale for reference.
20. The building plan submittal shall show all tree removals and the location of compensatory
tree planting of five trees to be approved to the satisfaction of the Community Development
Director and the City Arborist.
21. The building plan submittal shall show all required street trees. Street trees are required at a
rate of one 15-gallon street tree for each 35 linear feet of frontage. The City Arborist shall
approve tree species and planting requirements.
22. Trash enclosure(s) shall conform the access requirements and conditions of the San Luis
Garbage Company.
Utilities Department
23. The property's existing sewer lateral to the point of connection at the City main must pass a
pipeline video inspection (visual inspection of the interior of the pipeline), including repair
or replacement, as part of the project. The pipeline video inspection shall be submitted during
the Building Permit Review Process for review and approval by the Utilities Department prior
to issuance of a Building Permit. Additional information is provided below related to this
requirement:
• The pipeline video inspection shall be submitted on USB drive and shall be in color.
■ The inspection shall be of adequate resolution in order to display pipe.
• Material submitted shall include the project address and a scaled plan of the building and
the lateral location to the connection at the City sewer main.
• The inspection shall include tracking of the pipeline length (in feet) from the start of the
inspection to the connection at the City sewer main.
• It is optional to provide audio on the report to explain the location, date of inspection, and
pipeline condition observation.
Indemnification
24. 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.
On motion by Commissioner Stevenson, seconded by Commissioner Jorgensen, and on the
following roll call vote:
Resolution No. PC-1005-19
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Page 6
AYES: Commissioners Jorgensen, Stevenson, Vice -Chair Dandekar and Chair Wulkan
NOES: Commissioner McKenzie
REFRAIN: None
ABSENT: Commissioners Kahn and Quincey
The foregoing resolution was passed and adopted this IOth day of July 2019.
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Shawna Scott, Secretary
Planning Commission