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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. 8 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 8 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 8 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) Item 8 - Page 4 8 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 Item 8 - Page 5 8 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 8 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 Item 8 - Page 7