HomeMy WebLinkAbout10/17/2017 Item 8, CodronDT Q Council Memorandum
Date: October 13, 2017
TO: City Council
FROM: Michael Codron, Community Development Director
Walter Oetxell, sistant Planner
VIA: Derek Johnson, Manager
COUNCIL MEETING: !t
ITEM NO.:
OCTF ` 7 - -,
13 2017
SUBJECT: ITEM #8: ADOPTION OF A RESOLUTION DENYING, IN PART, AND
UPHOLDING, IN PART, AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY
APPROVED COLORS AND BUILDING DESIGN FOR A REMODELED
BUILDING AT 1135 SANTA ROSA STREET
Attached is the Council Agenda Report for Item # 8 for the October 17, 2017 City Council meeting.
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c: F
Council " • . Report
a.
4
Meeting Date: 10/17/2017
FROM: Michael Codron, Community Development Director
Prepared by: Walter Oetzell, Assistant Planner
SUBJECT: ADOPTION OF A RESOLUTION DENYING, IN PART, AND UPHOLDING,
IN PART, AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY
APPROVED COLORS AND BUILDING DESIGN FOR A REMODELED
BUILDING AT 1135 SANTA ROSA STREET
RECOMMENDATION
Adopt a Resolution (Attachment A) denying, in part, and upholding, in part, an appeal of the
decision of the Architectural Review Commission (ARC) to deny a request to modify approved
colors and to allow the elimination of a bulkhead feature for a remodeled building at 1135 Santa
Rosa Street, and directing that an alternative modification to colors, materials or design related to
the Marsh Street approach to the building be considered by the ARC for final decision.
DISCUSSION
On October 3, 2017, the City Council considered an appeal by 33 Tons, LLC, represented by
Ben Kulick, of the decision made on September 11, 2017, by the Architectural Review
Commission that denied his request for proposed modifications to the approved colors and
design of a remodeled building at 1135 Santa Rosa Street.
After deliberation, the Council voted 4-0 (with 1 Council Member recused) to deny, in part, the
appeal, and to direct the appellant to propose an alternative change to building colors or design to
minimize the apparent massing and scale of the building as viewed from the Marsh Street
approach, consistent with guidance provided at the Council hearing. The effect of the Council's
action was also to uphold the appeal, in part, to allow the elimination of the Marsh Street
frontage bulkhead feature and to allow the existing base color of the building (Custom Merlex
Blend) to remain. The Council further directed that the proposed changes consistent with
Council direction will be reviewed by the Architectural Review Commission, which will make a
final decision not be subject to further Council appeal.
The Council instructed staff to prepare a Resolution reflecting with greater specificity the action
taken, and the direction and the guidance given. This revised Resolution is attached to this report.
Clarifications
During the hearing on October 3, Council Member Pease asked staff for clarification regarding
the zero -lot line conditions on adjacent properties that would potentially obscure the view of the
building. Staff noted that the property is bordered by a driveway easement (actually a public
alley along the northwest side of the building) and a creek on the property at the southwest side
of the building. Community Development Director Codron made the statement that the City
doesn't expect a building to be built immediately adjacent to the Stalwork building (along Marsh
Item 8 - Page 1
Street).
This statement warrants clarification. As noted in the correspondence submitted to the City
Council by the property owner via e-mail on Thursday, October 5, the adjacent property does
have development potential and it is possible that a building will be constructed along Marsh
Street adjacent to the Stalwork building in the future. This property is constrained by the
presence of San Luis Creek and no development project is pending or imminent. However, if a
building is constructed in this location, it would partially obscure the view of the Stalwork
building from Marsh Street. In hindsight, it would have been more accurate for staff to say that
the building was not reviewed with the expectation or assumption that a building would be
constructed along the property line in the future.
It should be noted that the Stalwork building is set back from the property line by choice, not by
requirement of City staff or the ARC. Since the building was proposed with a setback, the
southwest elevation can be articulated with windows, balconies, and other architectural features.
There is currently no application pending for the adjacent property along Marsh Street and no
certainty about when, or if, site development would occur.
Proposed Modification
Following the City Council's decision to partially deny and partially uphold the appeal, staff met
with the property owner to discuss acceptable options for complying with City Council direction.
Given the Council's decision to allow the base color, Custom Merlex Blend, to remain,
application of a two-tone color scheme to differentiate the balconies from the base building color
is no longer proposed by the applicant, or recommended by staff. A lighter color treatment at the
balconies would actually draw greater attention to the balconies and make them "pop" and and
essentially increase the apparent mass. The previously approved color scheme included a lighter
base color and a darker color at the balconies, which would cause the balconies to visually
recede and not appear as massive.
Rather than introduce a
new color or material
onto the building, both
the property owner and
staff agree that
additional application of
the wood siding that
already appears along
the Santa Rosa Street
elevation and under the
eaves would be an
appropriate and
acceptable treatment.
The image shows, in
concept, the solution
that would be
recommended to the
ARC for consideration.
Item 8 - Page 2
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ENVIRONMENTAL REVIEW
This action is exempt from the provisions of the California Environmental Quality Act (CEQA).
It involves a minor alteration of an existing structure, as described in CEQA Guidelines § 15301
(Existing Facilities).
FISCAL IMPACTS
Adoption of the proposed resolution will have no fiscal impact to the City. Fees for the appeal of
the Commission's decision have been paid by the appellant, and the cost of complying with
approved building plans will be borne by the project applicant.
Attachments:
a - Council Resolution (Draft)
Item 8 - Page 3
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RESOLUTION NO. (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING IN PART, AND UPHOLDING IN
PART, AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY
APPROVED COLORS AND BUILDING DESIGN FOR A REMODELED
BUILDING, AND DIRECTING THAT AN ALTERNATIVE
MODIFICATION TO COLORS OR DESIGN BE CONSIDERED BY THE
ARCHITECTURAL REVIEW COMMISSION FOR FINAL DECISION
(1135 SANTA ROSA STREET, APPL-1070-2017)
WHEREAS, the Architectural Review Commission granted approval for the remodeling
of a commercial building, and an addition of a third floor with two new dwellings, to the building
located at 1135 Santa Rosa Street, on July 6, 2015 (Resolution No. ARC -1013-15), under
application ARCH -0846-2015; 33 Tons, LLC, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room (Room 9) of City Hall, 990 Palm Street,
San Luis Obispo, California, on July 10, 2017, pursuant to a proceeding instituted under
application ARCH -0722-2017, 33 Tons, LLC, applicant, to consider modification of the
application ARCH -0846-2015, including requested changes to approved colors to allow the
current building colors to remain and elimination of a bulkhead feature included in the approved
project design, and continued consideration of the request to a date uncertain, providing direction
to the applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room (Room 9) of City Hall, 990 Palm Street,
San Luis Obispo, California, on September 11, 2017, to further consider the requested changes to
approved colors and elimination of a bulkhead feature from the approved project design, and
denied the request; and
WHEREAS, On September 18, 2017, Ben Kulick of 33 Tons, LLC filed an appeal of the
Architectural Review Commission's decision to deny the request for changes to approved building
colors and project design; and
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 October 3,
2017, to consider the appeal of the Architectural Review Commission's decision, and voted 4-0
(Councilmember Gomez recused) to deny the appeal, in part, denying the request to retain current
building colors without modification, and to uphold the appeal, in part, allowing elimination of the
bulkhead feature; and
WHEREAS, the City Council of the City of San Luis Obispo directed the appellant to
propose an alternative change to building colors, materials or design to minimize the apparent
massing and scale of the Marsh Street approach to the building (the rear residential balcony side)
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Resolution No. (2017 Series) Page 2
to be reviewed by the Architectural Review Commission for a final decision, and provided further
guidance, as set forth in Section 3 of this Resolution; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public meeting
and considered this item on the Consent Agenda in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, on October 17, 2017, to consider the adoption of a Resolution
denying the appeal, in part, and upholding the appeal in part, with direction to the appellant and
Architectural Review Commission; and
WHEREAS, notices of said public hearing and meeting 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 evaluation and recommendations by staff presented at said
hearing and during subsequent public comment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
a) The requested change under application ARCH -0722-2017, to approve a
modification to originally approved colors (as reflected in application
ARCH -0846-2015) and to allow the existing building colors to remain, without
modification, is not consistent with General Plan Land Use Policy 4.20.4, which
states that new buildings are to fit within the context and scale of existing
development. The monochromatic building color modification requested for
approval under application ARCH -0722-2017 results in a building that appears
bulkier and more massive, as viewed approaching it along Marsh Street,
diminishing the balance and rhythm along that frontage that the approved color
scheme provided.
b) The requested change under application ARCH -0722-2017, to approve a
modification to originally approved colors (as reflected in application
ARCH -0846-2015) and to allow the existing building colors to remain, without
modification, is not consistent with the City's Community Design Guidelines. The
monochromatic building color scheme modification requested for approval under
application ARCH -0722-2017 results in the loss of articulation and of balance and
rhythm between building forms that the approved color scheme provided, causing
the building to appear bulkier and more massive, as viewed approaching it along
Marsh Street. The resulting appearance does not achieve the objectives of harmony,
rhythm, and balance reflected in § 2.2 (A), the careful balance of articulation
encouraged by § 2.2 (B), or the attention to detail and emphasis on articulation to
visually reduce the apparent mass of a building called for in § 2.2 (C).
Is
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Resolution No. (2017 Series) Page 3
C) The elimination of the bulkhead feature requested for approval under application
ARCH -0722-2017, which currently is not installed as was reflected in approved
application ARCH -0846-2015, is consistent with General Plan Land Use Element
Policy 4.20.6 (Sidewalk Appeal) encouraging details which can be appreciated by
people on the sidewalks. The desired sidewalk appeal has been achieved through
careful attention to window design along the Marsh Street building fagade, as well
as through the installation of attractive landscaping that enhances the pedestrian
experience.
SECTION 2. Environmental Review. This application is exempt from the provisions of
the California Environmental Quality Act (CEQA). It involves a minor alteration of an existing
structure, as described in CEQA Guidelines § 15301 (Existing Facilities).
SECTION 3. Action. The City Council does hereby deny, in part, and uphold, in part, the
appeal filed by Ben Kulick of 33 Tons, LLC, and directs the appellant to submit and the
Architectural Review Commission to review an alternative change to building colors or design
that will achieve a reduction in perceived building mass, -with the following additional guidance:
a) The use of the existing Custom Merlex Blend (grey) finish as a primary building
color is acceptable with additional direction noted in this Section of this Resolution;
b) The building colors, materials or design shall be modified to achieve a visual
reduction in apparent building mass and scale, specifically to break up the
perception of building mass when viewed from the Marsh Street approach (at the
west elevation and southwest corner of the building), subject to the final approval
of the Architectural Review Commission; and
C) The Appellant shall not be required to install the cut -tile bulkhead feature as
reflected in application ARCH -0846-2015.
d) The modifications directed herein by the Council shall constitute the final action of
the Council, with final review and approval of the revised design submitted by the
Appellant to be conducted by the Architectural Review Commission, with no
further administrative appeal to the City Council. Submission of a revised design
consistent with the Council direction herein and final ARC action shall constitute
exhaustion of administrative remedies for purposes of seeking judicial review of
final City action.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
0
Item 8 - Page 6
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Resolution No. (2017 Series) Page 4
The foregoing resolution was adopted this day of 2017.
Mayor Heidi Harmon
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of ,
Carrie Gallagher
City Clerk
Is
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