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:
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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.
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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.
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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.
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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.
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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.
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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.
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