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HomeMy WebLinkAbout05-03-2016 Item 12, FredericksonCOUNCIL MEETING:Q 5-92t ' U0 ITEM NO.: L'i.• - APR 2 6 2016 CARSEL & FREDERICKSON, LLP ATTORNEYS AND COUNSELORS AT LAW TELEPHONE 3220 S. HIGUERA STREET, STE. 311 TELECOPIER (805) 544-8510 SAN LUIS OBISPO, CALIFORNIA 93401 (805) 544-6357 ;.n — April 25, 2016 Traci McGinley City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: Applicants: Jeff Kraft and Angela Schmeide, Ph.D. Application: SDU-1521-2015 Property: 40-42 Buena Vista Avenue Madam Clerk, ROGER B. PREUERICKSON Of COunsel This letter is provided to the San Luis Obispo City Council in opposition to the appeal of Architectural Review Commission's ("ARC") March 7, 2016, unanimous approval of the plans for my clients' proposed home at 40-42 Buena Vista Avenue in San Luis Obispo, California. In doing so, my clients and the applicants would like to make three initial points to the City Council. 1. At the March 7 ARC meeting, pursuant to the City Council's direction, my applicants offered the ARC a plan option without a height exception, along with alternate plans incorporating a slight height exception. The ARC, in comparing the two options, found that that absent a slight height exception, the home would actually be taller, would be significantly closer to the street, would have significantly less parking, and would require significant destruction of the hillside. Based upon those findings, the Commission concluded that the adoption of a plan that did not include the slight height exception proposed would bring about a result directly contrary to the direction provided the Commission by the City Council. As a result, it ultimately decided that common sense demanded the home be built with a slight height exception, which is one foot less than the exception previously rejected by the City Council. 2. This appeal, like all opposition to the applicant's plans, reeks of hypocrisy and discrimination. City Planning staff has confirmed with the applicant that seven (7) out of eleven (11) homes in the immediate area of the proposed project, including the appellant's, either were granted exceptions (both setback and height and much more significant than the ones proposed by the applicant) or would require such exceptions if they were to be constructed under the current guidelines. 3. As a direct result of the unwarranted and hypocritical complaints by neighbors, whose sole purpose is to prevent the applicants from building on his property, the applicants have been forced to expend an additional $55,000 on the project, which has now been in the planning and approval process for more than 10 months. The Issues on Appeal The appeal addresses only the height and setback exceptions approved by the ARC. The Findings of the ARC with Regard to the Height and Setback Exceptions. SECTION 1. Findings. The Architectural Review Commission hereby approves the design of the single-family residence on a sloping site, including a front yard setback and height exception (SDU-1521-2015) based on the following findings: 1. The project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the site's zoning designation, and will be subject to conformance with all applicable building, fire, and safety codes. 2.The project is consistent with the General Plan because it promotes policies related to compatible development ( LUE 2.3.9), residential project objectives ( LUE 2.3.11) and housing production (HE 6). Front Yard Setback and Height Exceptions 6. The additional 2.3 foot building height exception will not obstruct views from any adjacent property due to the existing topography and will allow for the construction of covered parking that complies with the Hillside Development Guidelines and the Parking and Driveway Standards for the driveway. The proposed maximum building height exception is warranted due to the existing site slope and Engineering Standard requirement for maximum driveway slope. 7. The proposed height exception will not detract or negatively affect the neighborhood character because the structure will appear as less than a one story structure from the public right-of-way surrounded by one and two story structures within the neighborhood, and is consistent with the development pattern of the neighborhood. 8. A reduced street yard setback is acceptable at the subject location because the adjacent property will not be deprived of reasonable solar access. 9. No useful purpose would be realized by requiring the full setback because no significant fire protection, emergency access, privacy or security impacts are anticipated. 10. Granting of these exceptions will not alter the overall character of the neighborhood or the street' s appearance because the requested exceptions are minor and will not deprive any adjacent property from reasonable solar access, as the property that would be most affected by the shading of the structure is zoned Conservation Open Space ( C/OS-5) with each adjacent parcel over two acres in size. The ARC resolved specifically "to adopt a Resolution approving [the home] that includes a front yard setback and a height exception", finding specifically that "[t]he project site contains difficult constraints (slope), the exceptions are minor in nature, and while they may have some impacts, they are the least detrimental to any of the options that allow for reasonable development of the site." Citv Council Direction to the ARC of January 19. 2016 On January 19, 2016, the City Council held a public hearing to review the appeal of the Planning Commission' s decision to deny the use permit. The City Council upheld the appeal of the Planning Commission action to deny the proposed project thereby granting final approval for the construction of a single-family residence in the S -Overlay zone, but denied the requested exceptions, providing direction to the applicant to work with staff and the ARC to redesign the proposed home to conform with the Community Design Guidelines without the currently proposed height and setback exceptions. The City Council directed Staff and the ARC to review the project and address 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. 1. The ARC Sua Sponte Approval of the Resolution with Exceptions Mandated_ by Common Sense It is important that the Council understands that, consistent with the Council's direction, the applicant did submit plans to the ARC that excluded the height and setback exceptions of the applicant's original plan that was rejected by the Planning Commission. However, at the recommendation of City staff, who realized the problems with such a plan, the applicant also submitted to the ARC an alternate set of plans that incorporate a slight height exception, which was one foot less than the one considered by the City Council. The plans submitted without a height exception resulted in the following - 1. An increase (not decrease) in the height of the structure as seen from Buena Vista Avenue; 2. The relocation of the structure to be immediately next to Buena Vista Avenue; 3. A 300% increase in the amount of grading required to build the structure, as the structure, now being closer to the street, would need to be sunk deeper into the hillside, requiring the removal of three times as much dirt; and 4. A decrease in parking by two parking spaces. While this may seem counterintuitive, due to the unique slope of the property, removing the height exception, would operate to shift the structure closer to the street and would increase the height of the structure by four inches.' The difference is illustrated in the chart below: Height Guidelines Resulting Height of House Above Street Level and Grading quantity Resulting Driveway Length and Parking Original proposed exception of 28' (vs. 25' 6' 11" 266" without exceptions, 6 Onsite when up to 35' is Grading under parking allowable) 100 Cubic Yards spaces (small cars) Revised proposed exception of 27', which 7' 11" 25' was approved by the 4 Plus Onsite ARC Requires 18' 6" Grading 140 parking Street yard exception Cubic Yards _s aces No height exceptions 8' 5" 18'6" 25' Requires a 12' 6" Grading 300 4 legal Onsite Street yard exception Cubic Yards parking spaces Impact on Neighborhood* • Lowest house height from street level. Least prominent. • Minimal amount of grading required • Maximum driveway length, 6 offsite parking spaces • 1 foot higher • 2 less parking spaces • 40% more grading quantity • 23% height increase 1'6" • 300% grading quantity • 70% closer to street 33% Less parking 1 The Council should be aware that eliminating height exceptions will also require 300 times the truck traffic and will lengthen the amount of time required to complete the project, because without an exception, significantly more grading will be required. Note that the differences being presented here are only about one foot—a difference imperceptible from highway 101, and noticeable from Buena Vista Avenue. Normally when a height exception is sought, it raises the height of the building relative to the site. In this case, the opposite is true, given the steepness of the lot. Given that the exception sought is actually resulting in a reduction of the height of the building relative to the site, the ARC found that the elimination of the exception was counter to the direction it received from the City Council. As Council Member Christensen aptly noted at the January 19th hearing, changing one aspect of a project can have unintended negative impacts on other aspects of the project. This proved to be true in the result. Unfortunately, the format of the Council meeting did not allow for in-depth analysis of the impact or the opportunity for further rebuttal. The plan submitted by the applicant to the ARC did not require a height exception. However, both the City planning department and the ARC concluded that the better approach was to provide the height exception. To be clear, a plan with no height exception raises the building and makes it more prominent on the hill, which the ARC found to be contrary to the direction it received from the City Council, when it rejected the height and setback exceptions. In addition, the lack of the 1' height exception would result in an increase in the grading quantity by 300%, the elimination of two onsite parking spaces, and the repositioning of the house 70% closer to the street, which the ARC found defied reason and common sense. 2. Seven of Eleven of the Homes in the Immediate Area of the Applicant's Horne were either Granted Exceptions or Would Require Such Exceptions if Being Built Today. The City planning staff review of the neighborhood homes in the vicinity of the applicant's proposed home, revealed that 7 out of 11 of those homes, including the appellant's, were either granted exceptions, (3 for height) or would require exceptions if built under today's guidelines. Attached is the graph summary of information received from City staff. Exceptions seem to be the norm in this neighborhood, which is understandable given that it's a hillside neighborhood. However, there can be no question that the denial of such exceptions to the applicant, especially where they are warranted by the property characteristics, proves not only the hypocrisy of the neighbors, but the discrimination of the City. 3. The Permit Application Process in this Instance has Become Oppressive and Onerous The applicant would like to remind the Council that he first submitted plans for this project on June 18, 2015, more than 10 months ago. The applicants have invested more than 1000 hours of their time and more than $100,000 in planning and legal fees in the process of an application for a single family residence designed entirely within the zoning and building guidelines as adopted by the City. Planning staff has supported this application from its initial submittal and they recommended that the applicant seek the exceptions sought, as it would make a much better project, with much less destruction to the hillside. The only reason that application has not yet been approved is due to the meritless and hypocritical complaints of the neighboring homeowners, whose homes are much taller, much more visible, and enjoy far more exceptions than those denied by this Council. Unless the Council takes a stand and makes a final decision with regard to this application, those complaints and the appeals will continue indefinitely, absent the involvement of the Superior Court. The applicants would respectfully request that the Council carefully consider this appeal, apply reason and common sense, and make a final decision to deny the appeal, affirm the ARC recommendations, and permit the applicants to build their family home. Sincerely, Roger B. 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