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HomeMy WebLinkAboutR-11406 denying an Appeal and upholding Planning Commissions decision to deny ARCH-0040-2021 (841 Patricia Dr., APPL-0075-2023)R 11406 RESOLUTION NO. 11406 (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION DENYING ARCHITECTURAL REVIEW APPLICATION ARCH-0040-2021, REGARDING DEVELOPMENT OF PROPERTY AT 841 PATRICIA DRIVE (APPL-0075-2023) WHEREAS, on January 25, 2023, 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, to consider a proposal for development of the property at 841 Patricia Drive, including a request for an exception to required creek setbacks, under Architectural Review application ARCH-0040-2021; Eric and Julie Michaels, applicants, and by unanimous (6-0) vote, adopted Planning Commission Resolution PC-1068-23 denying the application; and WHEREAS, on February 1, 2023, Eric and Julie Michaels filed an appeal of the Planning Commission’s decision to deny the Architectural Review application; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 4, 2023, for the purpose of considering the appeal of the Planning Commission’s decision denying Architectural Review application ARCH-0040-2021; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the record of the Planning Commission hearing and recommendation, testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based on all the evidence, the City Council makes the following findings: a) The proposed project is not consistent with policies and programs of the City’s General Plan for the preservation of wildlife habitat and corridors set out in the Conservation and Open Space Element (Policy 7.3.3, Prog ram 7.7.8) and for the conservation and development of residential neighborhoods set out in the Land Use Element regarding preservation of natural site features and respect for site constraints (Policies 2.3.7 & 2.3.10). A creek crosses the subject property and a wildlife corridor travels through the vicinity of the project site, as depicted in Figure 9 (Creeks and Wetlands) and Figure 3 (Wildlife Corridors) of DocuSign Envelope ID: 8A4F8CA6-E8F9-4E2D-A07E-AE8F463705FF Resolution No. 11406 (2023 Series) Page 2 R 11406 the Conservation and Open Space Element. The proposed project includes a 12-foot-wide access bridge crossing the creek channel for ongoing use by pedestrians and vehicles to connect development on each side of the creek, involving fill activities to install the bridge abutments and removal of riparian vegetation to accommodate the bridge, disrupting t he existing intact and contiguous riparian corridor, impacting the opportunities for wildlife habitation, rest, and movement. As further described below, the access bridge proposed under the current project design does not meet the required findings for granting of an exception to the creek setback requirements which implement the resource protection policies of the General Plan. b) The location and design of the proposed access bridge will not minimize impacts to riparian habitat (Zoning Regulations §17.70.030(G)(4)(c)(i)). Construction of the bridge structure would involve clearance of riparian vegetation to accommodate its twelve-foot width, adding fill soils in the setback area for the support abutments, and encroachment into the creek channel for access between the primary residence and Accessory Dwelling Unit. Interruption of the riparian corridor by the presence and use of the access bridge will impact opportunities for habitation, rest, and movement of wildlife. c) There is no evidence that there are circumstances applying to the site, such as size, shape, or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning (17.70.030(G)(4)(c)(iv)). The subject property lies within an R-1 Zone, and physical development must conform to the Development Standards set out in Zoning Regulations Ch. 17.16. The western portion of the site, wholly outside of the required creek setback area, measures more than 24,000 square feet in area, four times larger than the 6,000 square-foot minimum lot area requirement applicable in the R-1 Zone (Zoning §17.16.020(A)), and much larger than the typical area of surrounding lots. The required creek setb ack does not deprive the property of development of a single-family dwelling and associated accessory structures, including Accessory Dwelling Units, in the manner enjoyed by properties in the vicinity under applicable use limitations and development stand ards, and no other circumstances have been identified that would deprive the property of such development. d) There is no evidence that site development cannot be feasibly accomplished with a redesign of the project. (§17.70.030(G)(4)(c)(vii)). No evidence has been presented that the eastern portion of the site is the only feasible location for the Accessory Dwelling Unit (ADU) proposed under this application, or that the proposed access bridge is the only feasible means to provide access to the ADU from the primary dwelling. As described in the staff report presented at a public hearing for this item, there is no evidence in the application record demonstrating that a project redesign to achieve the development of this site with a dwelling and ADU would in fact be infeasible. DocuSign Envelope ID: 8A4F8CA6-E8F9-4E2D-A07E-AE8F463705FF Resolution No. 11406 (2023 Series) Page 3 R 11406 e) There is no evidence that redesign of the project would deny the property owner reasonable use of the property (§17.70.030(G)(4)(c)(viii)). While development of the eastern portion of the property is constrained by its location across a creek channel from the street-accessible western portion of the property and by a sewer easement, and development of the central portion of the property is constrained by the presence of a creek and required creek setback, the western portion of the site is comprised of a developable area approximately half of an acre (24,000 sq. ft.). Development of a single-family dwelling and associated accessory structures (including an Accessory Dwelling Unit), consistent with applicable development standards, represents reasonable use of property in the R-1 Zone and is feasible within the developable area of the western portion of the site. f) The proposed project design is not consistent with the City’s Community Design Guidelines (CDG) for Creekside Development (CDG §7.1), which direct that no structure other than a path or trail may be located within a creek setback, including a road, parking access or space, or paved area (CDG §7.1(B)(2)), and that no grading or filling or removal of native vegetation shall occur within a creek setback (CDG §7.1(B)(3)). The proposed project includes a bridge structure designed for vehicle access within the required creek setback, involving fill soils with installation of the bridge abutments and removal of willow and oak trees, along with other vegetation, from the riparian corridor. SECTION 2. Environmental Review. Denial of the proposed project is statutorily exempt from environmental review, as a project which a public agency disapproves, as described in the Guidelines for the Implementation of the California Environmental Quality Act (CEQA Guidelines) §15270 (Projects Which Are Disapproved ). DocuSign Envelope ID: 8A4F8CA6-E8F9-4E2D-A07E-AE8F463705FF Resolution No. 11406 (2023 Series) Page 4 R 11406 SECTION 3. Action. The City Council does hereby deny the subject appeal, without prejudice, filed by Eric and Julie Michaels, and upholds the Planning Commission’s decision to deny Architectural Review application ARCH-0040-2021, regarding proposed development of the property at 841 Patricia Drive, including a request for exception to required creek setbacks, and directs staff to work with the Applicant on a redesign that does not require a creek setback exception. Upon motion of Vice Mayor Marx, seconded by Council Member Francis, and on the following roll call vote: AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of April 2023. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk DocuSign Envelope ID: 8A4F8CA6-E8F9-4E2D-A07E-AE8F463705FF 4/20/2023 | 11:41 AM PDT