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HomeMy WebLinkAboutR-10712 - Denying the Appeal of the Design of residence at 40 Buena Vista Ave, SDU-1521-2015 RESOLUTION NO. 10712 (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF THE DESIGN OF A NEW SINGLE FAMILY RESIDENCE IN THE R-1-S (SPECIAL CONSIDERATIONS OVERLAY) ZONE THAT INCLUDES FRONT YARD SETBACK AND HEIGHT EXCEPTIONS, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED MAY 3, 2016 (40 BUENA VISTA AVENUE SDU-1521-2015) 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 January 19, 2016, pursuant to a proceeding instituted under USE-1520-2015; 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 Architectural Review Commission (ARC) to redesign the proposed home to conform with the Community Design Guidelines without the then currently proposed height and setback exceptions; and WHEREAS, the ARC 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 March 7, 2016, pursuant to a proceeding instituted under SDU-1521-2015; and approved the design of a single-family residence on a sloping site, that includes a front yard setback and height exception (SDU-1521-2015), Jeff Kraft applicant; and WHEREAS, on March 15, 2016, Naomi Hoffman, the appellant, filed an appeal of the ARC’s action on March 7, 2016; 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 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: R 10712 Resolution No. 10712 (2016 Series) Page 2 Section 1. Findings. Based upon all the evidence, the City Council makes 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). Hillside Development 3. The project site is designated as a “sensitive site” by Ordinance No. 755 because of concerns relating to hillside development and public utility services. The project is consistent with the General Plan and the property’s sensitive site status because the building design minimizes the need for grading activities through the use of stepped foundation with piers; is compatible with surrounding developments; and the conceptual landscape plan provides for native, drought tolerant plantings visible from the public right-of-way that provide a transition from developed to open space areas and softens the appearance of the home. 4. The structural support piers below the lowest floor are appropriate for the building design because the property that is adjacent to the piers is designated as Conservation Open Space. The unenclosed design is an integral feature of the architectural design that will have no visual impact toward any adjacent property. 5. The project is consistent with Section 7.2 of Community Design Guidelines because the project has been designed in consideration of views toward the property from Highway 101 and has been designed with colors and materials that are consistent with Hillside Development Standards that blend the structure into the natural appearance of the hillside. The scale of the residence has been reduced to two stories to decrease the mass of the structure and has been designed to integrate with the hillside well below the ridgeline when viewed from Highway 101. As conditioned, landscaping of the project site further integrates the structure into the hillside by providing a visual transition from development to open areas. 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 building height exception is warranted due to the existing site slope and Engineering Standard requirement for maximum driveway slope. R 10712 Resolution No. 10712 (2016 Series) Page 3 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 Buena Vista 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. 11. The proposed minor property development exceptions are warranted due to difficult site constraints (slope), since they are the least detrimental to any of the options that allow for reasonable development of the site. Section 2. Environmental Review. The project is categorically exempt under Class 3 (New Construction or Conversion of Small Structures) of the CEQA guidelines and will not have a significant effect on the environment because the proposed project is a single-family residence in a residential zone that is in conformance with all applicable building, fire, and safety codes, is consistent with the General Plan, Community Design Guidelines, and applicable City standards for hillside development. Section 3. Action. The City Council does hereby deny the appeal of the Architectural Review Commission’s action to approve the proposed project (SDU-1521-2015), hereby granting final approval of a new single family residence in the R-1-S (Special Considerations Overlay) zone that includes front yard setback and height exceptions, subject to the following conditions: Planning Department 1. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the ARC and the City Council. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2 (SDU-1521- 2015 & USE-1520-2015). Reference should be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. R 10712 Resolution No. 10712 (2016 Series) Page 4 2. Plans submitted for a building permit shall call out all proposed colors and materials on elevation drawings. 3. Plans submitted for a building permit shall include window details indicating the type of materials for the window frames and mullions, their dimensions, and colors. Plans shall include the materials and dimensions of all lintels, sills, surrounds recesses and other related window features. Alternative colors that include lighter neutral tones and a physical sample of the proposed glass shall be incorporated into the project to the satisfaction of the Community Development Director and the ARC Chair. 4. Plans submitted for a building permit review shall include lighting fixture details. The locations of all lighting fixtures shall be clearly called out on building elevations included as part of working drawings. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut-sheets shall be separately submitted for the project file of the proposed lighting fixtures. The selected fixture(s) shall be shielded to insure that light is directed downward consistent with Section 17.23.050 of the Zoning Regulations. 5. Plans submitted for construction permits will include elevation and detail drawings of all walls and fences. Fences, walls, and hedges will comply with the development standards described in the Zoning Regulations (§17.16.050 –Fences, Walls, and Hedges). 6. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The landscaping plans shall address landscaping in front of the rooftop deck, between the residence and the street, and shall consider alternative materials beneath the cantilevered portion of the structure to minimize glare. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. The final landscape plan shall be in full conformance with landscaping standards established in the Community Design Guidelines for Hillside Development, to the satisfaction of the Community Development Department. 7. The project shall be constructed to meet the maximum outdoor and indoor noise exposure levels of Noise Element Table 1 (60 dB for outdoor activity areas and 45 dB for indoor spaces). 8. 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. R 10712 Resolution No. 10712 (2016 Series) Page 5 Engineering Division 9. 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. 10. 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. 11. 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 nominal recording fee will be required. 12. 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. 13. 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 shall be perpendicular to the adjoining right-of-way and shall not be offset or require access at an off-set angle. 14. 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. 15. 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. R 10712 Resolution No. 10712 (2016 Series) Page 6 16. 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. 17. 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. 18. The new water service and water meter(s) shall be sized in accordance with the approved fire sprinkler plans. 19. 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. 20. 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. 21. 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. 22. 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.B. R 10712 Resolution No. 10712 (2016 Series) Page 7 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 28. 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 29. An NFPA 13-D fire sprinkler system shall be required. 30. 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. R 10712