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HomeMy WebLinkAboutR-10689 - 2390 LOOMIS STREET & 48 BUENA VISTA AVENUERESOLUTION NO. 10689 (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE WITH AN ATTACHED SECONDARY DWELLING UNIT IN THE S -OVERLAY ZONE WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JANUARY 19, 2016 (2390 LOOMIS STREET & 48 BUENA VISTA AVENUE USE -1520-2015 & SDU-1521- 2015) WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on August 27, 2015, pursuant to a proceeding instituted under USE -1520- 2015, Jeff Kraft, applicant; and elevated the project to be reviewed by the Planning Commission to a date uncertain; 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 September 23, 2015, pursuant to a proceeding instituted under USE -1520-2015; and continued the project to a date uncertain and provided directional items to the applicant and staff; 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 October 28, 2015, pursuant to a proceeding instituted under USE -1520-2015; and denied the project based on the finding that the project would be detrimental to the health, safety and welfare of persons living or working at the site or in the vicinity, due to concerns with steepness and narrowness of the dead-end road, lack of on -street parking, and lack of pedestrian sidewalks and connectivity; and WHEREAS, Jeff Kraft, the applicant, filed an appeal of the Planning Commission's action on October 29, 2015; and WHEREAS, notices of said public hearing 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 the evaluation and recommendations by staff, presented at said hearing, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Resolution No. 10689 (2016 Series) Page 2 SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: Special Considerations Overlay 1. 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 single family residence is proposed on a legal lot, has been designed to be compatible with site constraints and the scale and character of the neighborhood and will be subject to redesign to eliminate previously requested exceptions, with final design review by the Architectural Review Commission. 2. The design and approach to grading is consistent with the open space element of the general plan, in that the proposed project keeps a low profile below the ridgeline and conforms to the natural slope by stepping the building foundation, and site grading is kept to a minimum. 3. The project has been designed in way that minimizes the impacts from development on a steep slope and reduces the amount of grading required to the maximum extent feasible in accordance with the intent of the Special Considerations (S) zone overlay. 4. The project design incorporates colors and materials that blend well with the surrounding hillside as viewed from Highway 101. 5. The proposed height exception will detract from or negatively affect the neighborhood character because the exception is inconsistent with the way other properties in the neighborhood have been developed. By allowing the exception, the building will be more prominent on this hillside development site than otherwise allowed under the City's zoning code. Moreover, the subject property includes a roof deck which, due to its design and intended use, will exaggerate, emphasize and play up the increased height of the residence in comparison to and to the detriment of the surrounding neighborhood. 6. A reduced side yard setback is unacceptable at the subject location because of the steep slope and visibility of the lot on the hillside location, which increases the visual impact of the proposed residence by allowing this exception. Compliance with the setback requirement would result in a less massive building appearance and more articulation of the building walls at the most prominent and highest point on the building from adjacent grade. SECTION 2. Environmental Review. The project is categorically exempt under Class 3 (New Construction or Conversion of Small Structures) of the CEQA guidelines, because the proposed project is a single-family residence in a residential zone that will not have a significant effect on the environment. Resolution No. 10689 (2016 Series) Page 3 SECTION 3. Action. The City Council does hereby uphold the appeal of the Planning Commission's action to deny the proposed project (USE -1520-2015), hereby granting final approval to a use permit for construction of a single family home, but denying the requested exceptions, with direction to the applicant to work with staff and ARC to redesign the proposed home to conform with Design Guidelines without the currently proposed height and set back exceptions. Planning Department 1. A building plan check submittal that is in full conformance with submitted project plans and project description, and incorporating the following conditions of approval, shall be submitted for review and approval of the Community Development Department. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions of project approval. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. 2. The architectural design of the building shall be reviewed separate from this Use Permit. The Architectural Review Commission will review the project for consistency with the Community Design Guidelines and Hillside Development Standards, and for continuing compliance of any design modifications with the General Plan. The ARC shall review concerns including but not limited to: a. Traditional architecture characteristics of the neighborhood, b. Reflectivity of the amount of glazing and glass on the structure, c. Appropriateness of the roof top deck, d. Visual appearance of the support columns, e. Landscaping plans, f. Prominence of structure as viewed from Highway 101. 3. Plans submitted for a building permit shall call out all proposed colors and materials on elevation drawings. 4. The building plan and grading plan shall be in compliance with the City's Community Design Guidelines Chapter 7.2 Hillside Development. 5. The grading plan shall ensure that development near or on portions of the hill do not cause, or make worse, natural hazards (such as erosion, sedimentation, fire, or water quality concerns). 6. Grading plans shall include erosion and sediment control practices including temporary vegetation sufficient to stabilize disturbed areas. 7. As shown in the Planning submittal, plans submitted for a building permit shall clearly indicate a parking plan, showing designated parking spaces for both the secondary dwelling unit and existing single-family residence. Resolution No. 10689 (2016 Series) Page 4 8. Land alterations should be minimized by: keeping cuts and fills to a minimum; limiting grading to the smallest practical area of land; limiting land exposure to the shortest practical amount of time; replanting graded areas to ensure establishment of plant cover before the next rainy season; and creating grading contours that blend with the natural contours on-site or look like contours that would naturally occur. (Ord. 1490 § 3 (part), 2006) 9. The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's approval of this project. In the event that the City fails to promptly notify the Owner / Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. Engineering Division 10. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing frontage improvements be altered or upgraded to comply with city standard M.C. 12.16.050. 11. The building plan submittal shall include a complete construction staging plan. The plan shall be approved to the satisfaction of the Public Works Department and Fire Department prior to building permit issuance or the commencement of grading or construction. The plan should include any temporary changes to the street section, signage, curb alignments, and/or curb painting to support parallel street parking to the satisfaction of the Public Works Department and Fire Department. 12. Frontage improvements would generally be required for both Loomis Street and Buena Vista Avenue with this project. The city will support the deferral of frontage improvements along both Loomis Street and Buena Vista Avenue with the recordation of a covenant agreement to install the required improvements at a later date. A covenant agreement regarding the approval to defer frontage improvements shall be recorded prior to building permit issuance. The city will prepare the agreement for recordation. A recording fee will be required from the applicant. 13. The building plan submittal shall show the new driveway approach to be installed per ADA and city standards. The current ADA and city standard requires a 4' accessible sidewalk extension behind the ramp. The driveway slope shall comply with the parking and driveway standard #2130 for downsloping driveways. The building plan submittal shall include additional detail showing the vertical curve and critical spot elevations and/or contours to show compliance. 14. The driveway approach shall be generally aligned with the garage door opening. The driveway approach and improved driveway located within the public right-of-way 1' 1•:' Resolution No. 10689 (2016 Series) Page 5 shall be perpendicular to the adjoining right-of-way and shall not be offset or require access at an off -set angle. 15. The final driveway and approach design, guardrail materials, vertical curve, and plantings shall consider the line -of -sight from a backing vehicle to on -coming vehicle and pedestrian traffic from either direction. A line -of -sight analysis shall be provided in conjunction with the building permit plan submittal to the approval of the Public Works Department. 16. The driveway approach and access along with the existing adjoining 12 inch high street curb shall consider the historic upslope tributary drainage area and curb capacity. The minimum curb height shall be sized in accordance with City Engineering Standards and the Drainage Design Manual. If supported by analysis, a transition to a lowered curb height could be approved to the satisfaction of the Public Works Department to accommodate a City Standard driveway approach design. 17. 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. 18. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. Services to the new structure shall be underground. All work in the public right-of-way shall be shown or noted. 19. The new water service and water meter(s) shall be sized in accordance with the approved fire sprinkler plans. If separate water meters are proposed for the residence and the secondary dwelling unit, then the service shall be installed with a meter manifold rather than adding a second service. 20. The building plan submittal shall include a complete grading and drainage plan. The grading and drainage plan shall show existing structures and grades located within 15' of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the stormwater runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. Resolution No. 10689 (2016 Series) Page 6 21. The drainage report and analysis shall include a review of the existing upslope watershed that is tributary to Buena Vista Street. The analysis shall include reasonable street topo and an analysis of the curb capacity along the project frontage per City Engineering Standards and the Drainage Design Manual. The transition to a standard curb height may be approved to accommodate a standard driveway approach and to support potential curb side parking. 22. An engineered grading plan and drainage report prepared by a licensed civil engineer will be required for this development project. The plan and report shall be provided in conjunction with the building permit plan submittal. The plan and report shall evaluate the existing and proposed grading and drainage. The soils engineer and civil engineer shall collaborate on any requirements for slope stability, brow ditch construction or other diversion to direct the improved and/or existing drainage away from the existing Loomis cut slope, and to evaluate a non-erosive outlet or level spreader design to mimic historic drainage. 23. The building plan submittal shall include a complete drainage report showing compliance with the Waterway Management Plan Volume III, Drainage Design Manual. The building plan submittal shall include erosion control measures in accordance with Section 10.0 of the manual and post -development stormwater quality management in accordance with Engineering Standard Section 1010.13. 24. A soils engineer shall review all levels of construction of this project that are recommended in the soils report prepared by Beacon Geotechnical Incorporation due to the sensitive nature of this hillside development. 25. The building plan submittal shall include a Post Construction Stormwater Control Plan Template as available on the City's Website. The template will be used to document the expected exemption or minor project compliance summary for the requirements of the Regional Water Quality Control Board. 26. The building plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining 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 and species of all trees. Tree canopies should generally be shown to scale for reference. Tree removals may require approve by the City Arborist and/or Tree Committee. The plan shall show all existing and proposed street trees. 27. The building plan submittal shall show all existing and proposed street trees. Street trees are required along Buena Vista Street at this time. Street trees along Loomis Street may be deferred until frontage improvements are installed. 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. Resolution No. 10689 (2016 Series) Page 7 28. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city -approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Utilities Department 29. The existing water meter serving a neighboring property on Buena Vista Avenue shall be relocated outside of the proposed driveway apron consistent with City Engineering Standards. Fire Department 30. An NFPA 13-D fire sprinkler system shall be required. 31. The structure(s) shall comply with the following requirements of the 2013 California Building Code, Chapter 7A, for materials and construction methods for exterior wildfire exposure. This will include ignition resistant siding, a Class -A fire -rated roof assembly, and ignition resistant vents, including, roof, attic, and sub -floor vents. 32. The under floor area of elevated or overhanging buildings shall be enclosed to grade in accordance with the requirements of R327 of the CRC or the underfloor area shall consist of non-combustible construction materials. Upon motion of Council Member Ashbaugh, seconded by Mayor Marx, and on the following roll call vote: AYES: Council Members Ashbaugh and Rivoire, Vice Mayor Carpenter and Mayor Marx NOES: Council Member Christianson ABSENT: None Resolution No. 10689 (2016 Series) The foregoing resolution was adopted this 19th day of January, 2016. �1 Mayor Jan x A McGinley, MMC lerk APPROVED AS TO Dietrick City Attorney Page 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this _Z_5:1'day of Fc.4n`.'. ?.e 1 fp Ik 4 Tra i . McGinley, MMC