HomeMy WebLinkAboutARC-1022-18 (MOD-1734-2018 -- 40 Buena Vista Avenue)RESOLUTION NO. ARC-1022-18
A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL
REVIEW COMMISSION APPROVING THE DESIGN MODIFICATION
TO A PREVIOUSLY APPROVED SINGLE-FAMILY RESIDENCE ON A
SENSITIVE SITE, INCLUDING A NEW FACADE DESIGN, REMOVAL
OF THE ROOF DECK, AND REVISIONS TO THE PREVIOUSLY
APPROVED EXCEPTIONS INCLUDING A BUILDING HEIGHT
INCREASE OF 7-FEET, AND A SIDE YARD SETBACK EXCEPTION OF
10-FEET WHERE 13.5-FEET IS NORMALLY REQUIRED. THE
PROJECT IS CATEGORICAL EXEMPT FROM ENVIRONMENTAL
REVIEW. AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED NOVEMBER 19, 2018 (40 BUENA VISTA
AVENUE, MOD-1734-2018)
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 Council Resolution
No. 10689 (2016 Series); 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 unanimously approved the
design of a single-family residence on a sloping site, that includes a front yard setback and height
exception (SDU-1521-2015) ARC Resolution No. 1003-16, Jeff Kraft applicant; and
WHEREAS, Naomi Hoffman, the appellant, filed an appeal of the ARC' s action on March
15, 2016; 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 May 3,
2016, pursuant to a proceeding instituted under SDU-1520-2015; denying the appeal and granting
final approval for the design of a single-family residence, Council Resolution No. 10712 (2016
Series); Jeff Kraft, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has
duly considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
Resolution No. ARC-1022-18
40 Buena Vista Avenue, MOD-1734-2018
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of
the City of San Luis Obispo as follows:
SECTION 1. Findings. The Architectural Review Commission hereby grants final
approval to the project (MOD-1734-2018), based on the following findings:
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 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.
Side Yard Setback and Building Height Exceptions
5. The proposed building height of 34-feet where 27-feet was previously approved 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 a safe driveway design. The proposed building
height exception is warranted due to the existing site slope.
6. 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 Avenue public right-of-way surrounded by one- and two-story structures within the
Resolution No. ARC-1022-18
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Page 3
neighborhood and is consistent with the development pattern of the neighborhood.
7. A reduced side yard setback is acceptable at the subject location because the adjacent
properties will not be deprived of reasonable solar access or privacy. The portion of the
residence requiring a setback exception will cast no greater shadow than the portions of the
residence which meet the setback/height requirements of the City's Zoning Regulations.
8. 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.
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. 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 project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Architectural Review Commission (ARC)
hereby grants final approval to the project with incorporation of the following conditions:
Planning Division
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the ARC (MOD-1734-2018). A
separate, full-size sheet shall be included in working drawings submitted for a building permit
that lists all conditions and code requirements of project approval listed as sheet number 2.
Reference shall 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.
2. The project shall comply with all conditions and code requirements, applicable to the project
site, established under City Council Resolution No. 10689 (2016 Series) and Council
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Page 4
Resolution No. 10712 (2016 Series).
3. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board submitted with Architectural Review application.
4. The applicant shall explore a lighter color scheme and additional articulation included but not
limited to; a recessed entry feature and a recessed porch toward the rear of the structure (which
may be covered), to the satisfaction of the Community Development Director.
Indemnification
5. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
On motion by Chair Root, seconded by Commissioner Rolph, and on the following roll call
vote:
AYES: Commissioners Rolph, Smith, Withers, Vice -Chair Nemcik, and Chair Root
NOES: Commissioner Beller
REFRAIN: None
ABSENT: Commissioner Soll
The foregoing resolution was passed and adopted this 19`h day of November, 2018.
Doug Da iclsort, Secretary
Architectural Review Commission