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HomeMy WebLinkAboutr 10556 Deny Appeal ARC 1335 Johnson Ave RESOLUTION NO. 10556 (2014 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE AN ADDITION TO A SINGLE-FAMILY RESIDENCE AND GRANTING A CREEK SETBACK EXCEPTION FOR THE PROJECT AT 1335 JOHNSON AVENUE (ARCMI 175-13) WHEREAS, the Architectural Review Commission conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on May 19, 2014, and initially reviewed project plans and continued action with direction to make further design refinements; and WHEREAS, the Architectural Review Commission, conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on June 16, 2014, and approved an addition to a single-family residence and granted an exception from creek setback limitations for a project in the Office (0) Zone; and WHEREAS, Robert M. Mueller timely filed an appeal of the Architectural Review Commission's action on June 26, 2014; 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 September 2"', 2014, for the purpose of considering the appeal of the Architectural Review Commission's action; and WHEREAS, the Council has duly considered all evidence, including the record of the Architectural Review Commission hearing and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The project conforms to the policies and goals of the City's General Plan since dwellings are allowed in the Office zone, and the project is well below the maximum allowed density and, as conditioned, the project conforms to the City's zoning regulations. 2. The project is compatible in scale and character with nearby structures on the site and in the neighborhood as the addition to the residence respects site constraints imposed by existing development on the site, and the presence of the creek and associated riparian vegetation. R 10556 Resolution No. 10556 (2014 Series) Page 2 i 3. The project design is consistent with the City's Community Design Guidelines applicable to residential development on infill sites and the remodeled residence responds to the site's unique characteristics and fits into the City's wider context through its scale, siting, detailing, and overall character. 4. The location and design of the residence addition will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement. The residence addition will be constructed within an already developed portion of the project site, and conditions of approval require protection of the adjacent sycamore tree. 5. The creek setback exception will not limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies. An existing drainage easement over the creek and its banks allows the City the opportunity to provide such measures. 6. The creek setback exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans. It is limited to allowing a minor addition onto an existing structure within a developed portion of the site. 7. There are circumstances applying to the site 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. San Luis Obispo Creek bisects the property and its creek banks and associated riparian vegetation occupy a considerable portion of the property, significantly limiting its development potential. 8. The creek setback exception will not constitute a grant of special privilege and provides relief from specific and unique topographical features of the site in order to allow reasonable use of the subject property. 9. The creek setback exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream. The addition to the residence is within the existing building footprint. An elevation certificate has been provided to confirm that the elevation of the finished floor of the residence is above the base flood height. 10. Site development cannot be accomplished with a redesign of the project. The portion of the property not occupied by creek, creek banks, and riparian vegetation is developed with two structures and a parking area with no alternate location in which to construct the addition to this residence. i Resolution No. 10556 (2014 Series) Page 3 11. Redesign of the project would deny the property owner reasonable use of the property. As there is no alternate location for an addition to this residence, further redesign of the project would effectively preclude an addition to the residence. i 12. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). It consists of an addition to a single-family residence in the Office (0) Zone, which permits residential land use as described in the CEQA Guidelines (§15303 — New Construction of Small Structures). The addition is minor and limited to the developed portion of the site, and does not introduce any additional impacts to the creek. SECTION 2. Action. The City Council hereby denies the appeal and upholds the Architectural Review Commission's action to grant approval to an addition to a single-family house and to grant an exception to creek setback limitations, subject to the following conditions: Planning I. Construction drawings submitted for building permits must be in substantial compliance with the project plans approved by the ARC. A separate, full-size sheet (labeled and listed as sheet number 2) must be included in working drawings listing all conditions of project approval. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Community Development Director or the Architectural Review Commission, as appropriate. 2. Any modifications to the approved color palette shall be reviewed and approved by the Community Development Director prior to issuance of a building permit. Building colors shall be shown on the building elevations approved as part of working drawings. 3. A wood railing shall be used for decks to provide a more natural appearance consistent with guidance contained in the Community Design Guidelines. 4. No trees may be removed except in conformance with Tree Regulations (SLOMC Chapter 12.24). Plans submitted for construction permits must include tree protection measures for the protection of the sycamore tree adjacent to the south side of the residence. Trimming or maintenance of the tree necessary to complete this project must be conducted by a certified arborist. 5. Riparian vegetation within the creek setback must be protected. No construction activities are permitted within the creek setback except within the building footprint of the existing studio residence and within the existing paved parking area. 6. Plans submitted for construction permits must include a landscaping plan consistent with §6.2 of the Community Design Guidelines for review and approval by the Community Development Department prior to issuance of any permits for construction of the residence. Resolution No. 10556 (2014 Series) Page 4 7. All exterior lighting must be oriented, recessed, or shielded to prevent light trespass and pollution, in compliance with Night Sky Preservation regulations (Zoning Regulations Chapter 17.23). Public 6Vorks 8. All sections of damaged or displaced curb, gutter, & sidewalk shall be repaired or replaced to the satisfaction of the Public Works Director. 9. The building plan submittal shall show and note compliance with the parking and driveway standards for the proposed parking lot changes. The plan shall include all space and bay width dimensions, slopes, signing, and striping per City Engineering Standard #2250. The accessible space shall comply with the California Building Code. 10. The building plan submittal shall clarify the storage location for the solid, recycle, and green waste containers. The container areas shall be screened or concealed in accordance with the Zoning Regulations. 11. The existing elevation certificate is acceptable for building permit review and issuance. A Letter of Map Revision (LOMR) is recommended to remove the structure from the Special Flood Hazard Area (SFHA). Unless a LOMR is provided, an updated contemporary FEMA elevation certificate shall be provided at the completion of construction and prior to final inspection approvals. Utilities 12. The applicant shall submit a plan that delineates the location of the property's existing and proposed water meter(s), water services, and sewer laterals to the points of connection at the City water and sewer mains in Johnson Avenue. 13. The proposed residential unit shall have a separate water meter. 14. The property's existing 4" sewer laterals must pass a video inspection to the point of connection at the City main, including repair or replacement, as part of the project. The CCTV inspection shall be submitted with the Building Permit application for review and approval by the Utilities Department prior to issuance of a Building Permit for the residential remodel. 15. The applicant shall provide written verification from San Luis Garbage Company that the proposed trash and recycling enclosure location and size is adequate to serve the project. Tom Martin of San Luis Garbage Company can be contacted at 805-543- 0875. Resolution No. 10556 (2014 Series) Page 5 Upon motion of Council Member Carpenter, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Ashbaugh, Carpenter and Smith, Vice Mayor Christianson and Mayor Marx NOES: ABSENT: The foregoing resolution was adopted this 2"d day of September 2014. /,I- & L Mayo narx y4� ATTEST-� nthon -MMC ,City Clerk APPROVED AS TO FORM: J hhristme Dietrick City Attorney