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.
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Mayor Jan x
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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