HomeMy WebLinkAboutItem 3 - APPL-0607-2020 (1321 Garden)PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of an appeal of the Community Development Director’s approval of a new three-
story, five-bedroom, single-family residence, with an 800-square foot attached Accessory Dwelling
Unit, two attached garages, and a 590-square foot roof deck. The project includes a request for a
reduction in setback requirements to allow an eight-foot setback at the corner of the roof deck where
ten feet is the standard. This project was previously reviewed by the Architectural Review
Commission, with a recommendation to the Director for approval based on consistency with the
Community Design Guidelines. This project is categorically exempt from environmental review
(CEQA).
PROJECT ADDRESS: 1321 Garden Street BY: Kyle Van Leeuwen, Assistant Planner
Phone Number: (805) 781-7091
E-mail: kvanleeuwen@slocity.org
FILE NUMBER: APPL-0607-2020 FROM: Shawna Scott, Senior Planner
RECOMMENDATION
Adopt the Draft Resolution (Attachment 1) denying the appeal (Attachment 2) and uphold the
Community Development Director’s design review approval of the single-family residential infill
project in the Office (O) zone.
SITE DATA
SUMMARY
On November 20, 2020, the Community Development Director approved the project as proposed
(Attachments 3 & 4, Project Plans & ARCH-0543-2019 approval letter). Prior to the Director’s
approval, the project was reviewed by the Architectural Review Commission (ARC) on September
14, 2020. The ARC recommended the Community Development Director approve the proposed
project (4-0-2) (Attachments 5 & 6, ARC Staff Report & Minutes). On November 30, 2020, the
decision was appealed by Gary & Catherine Miller, the adjacent property owner (“Appellant”). The
letter submitted by the Appellant identifies four main points of concern with the approval of the
Appellant Gary & Catherine Miller
Applicant Once Upon a Time LP
Zoning Office (O)
General Plan Office
Site Area ~5,826 square feet.
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines § 15303 (New
Construction or Conversion of
Small Structures)
Meeting Date: February 10, 2021
Item Number: 3
Item 3
Packet Page 147
APPL-0607-2020
1321 Garden Street
Page 2
project (Attachment 2, Appeal Form and Letter). The Appellant’s stated concerns about the project
are summarized as follows:
1)The height and position of the proposed structure violates setback standards and violates
privacy and sound norms in relation to the adjacent home. Specifically, the roof deck is an
invasion of privacy and should be removed from the project, and windows facing the
residences to the west should be frosted.
2)The design of the structure does not match the existing structure on Garden Street or the fire
station on Pismo Street.
3)The design of the structure appears to support three functions; two separate living spaces and
that of office rental., Further stating that the additional “second” staircase is not necessary.
The appellant does not believe that the structure will be used by one tenant and the second
staircase should be removed.
4)The structure is too large to be located adjacent to single-story homes, especially a structure
with a roof deck that looks down on adjacent properties.
1.0 COMMISSION’S PURVIEW
Per Chapter 17.126 of the Zoning Regulations, decisions of the Director shall be appealed to the
Planning Commission. The Planning Commission is being asked to review the proposed project, the
concerns of the appeal, and provide a final determination of the proposed project; however, the
hearing is a de novo review and the Planning Commission is not limited to only acting on the items
brought up in the appeal.
Staff is recommending the Planning Commission deny the appeal and uphold the Director’s approval
of the project. If the Planning Commission denies the appeal and approves the project, the project will
have all necessary entitlements needed to move forward for building permits. If the Planning
Commission upholds the appeal, the project as it is current proposed is denied. The following report
provides additional background and analysis of the proposed project and the appeal.
2.0 PROJECT INFORMATION
Site Details Proposed Allowed/Required*
ǣ
ͳͺ
ͻǤʹͷȋ Ȍ
ͳͲ
ͺȋ Ȍ
ͻ
ͳͲȋȌ
ͳͲȋǦȌ
ͳͲȋȌ
͵ͷ͵ͷ
͵ͻΨͲΨ
͓ ͷ͵
Environmental Status
ͳͷ͵Ͳ͵ ȋ
Ȍ
Item 3
Packet Page 148
APPL-0607-2020
1321 Garden Street
Page 3
Project Description
The proposed project is a new three-story single-family residential structure, which includes a 3,732-
square foot, five-bedroom home, an 800-square foot accessory dwelling unit, a 590-square foot roof
deck, and two garages that would accommodate three vehicles in total. The project is located on a lot
with no street frontage and was created through a previously approved common interest subdivision
(MS 59-08), which takes access from Garden Street through a recorded easement. The project
includes a request for a reduction in setback requirements to allow an eight-foot setback where ten
feet is the standard for the upper portion of the structure’s third story walls. The first and second floors
are consistent with setback requirements.
Site Information and Setting
The 5,826-square foot project site is an existing parcel within the Office zone, with access to Garden
Street through an access easement. The property is located in the center of the block between Pismo
and Pacific Streets and Garden and Broad Streets. The property immediately to the east contains three
individually owned airspace condominium units, which share the access easement that serves the
subject property. All other adjacent properties consist of residential and office uses, which are all
allowed uses within the Office (O) zone.
3.0 ANALYSIS OF THE APPEAL
Staff has provided an analysis below of the points outlined in the Appeal Letter.
Privacy Concerns: The appeal states that, “The height and position of the proposed building violates
setbacks and violates privacy and sound norms for our house,” and that the proposed roof deck should
be removed from the project and any overlooking windows should be frosted.
Staff Response: The project does include a request for reduction in setback requirements to allow an
eight-foot setback at the third story where ten feet is the standard requirement based on the height of
the structure (32 feet). Per Zoning Regulations (§17.70.170 D.2.e.(2)), an exception to the side and
rear setback standards can be granted when the exception is minor in nature, involving an insignificant
portion of solar exposure. Due to the angle of the eastern and southern lot lines and the positioning of
the structure’s walls (not parallel to the lot lines), the requested exception involves only the corners
of the structure. This represents an insignificant portion of total available solar exposure (.06% of the
third-story roof and roof-deck area is not compliant), with the majority of the building mass consistent
with the setback requirement. The applicant has represented the standard setback lines in the provided
project plans (Figure 1. & Attachment 3, Project Plans). Notably, the Zoning Regulations allows for
uncovered balconies and decks to extend into the required setback up to four feet. (§17.70.170.C.5.b).
While this section can be interpreted to allow a portion of the walls and railings around the deck to
project into the required setback, the building mass below the roof deck would not be subject to this
allowance and must be consistent with standard requirements or receive an exception.
Item 3
Packet Page 149
APPL-0607-2020
1321 Garden Street
Page 4
Figure 1: Standard Setback Lines
While the exception to the objective standards for setbacks can be supported given the language in
Zoning Regulations (§17.70.170 D.2.e.(2)), this does not imply that the area receiving the exception
is consistent with the Community Design Guidelines (CDG). The sections of the CDG that speak to
the potential impacts between buildings, including privacy, were specifically highlighted in the ARC
staff report (Attachment 5) for consideration by the ARC. The ARC, whose main purview is to review
projects for consistency with the Community Design Guidelines, unanimously recommended the
project for approval by the Community Development Director based on consistency with the CDG.
The ARC included in its recommendation a condition for the structure to incorporate noise reducing
material to the open railing along the roof deck (Attachment 5, ARC Minutes).
The final approval of the project by the Community Development Director took ARC’s
recommendation a step further, requiring noise and overlook reducing materials and/or design
modifications to the roof deck walls and the open railing along the roof deck (Attachment 3, Director
Approval, Condition #4). No other conditions addressing privacy and overlook impacts were
recommended by the ARC.
Incompatible Design and Size of Structure: The appeal states that, “the design does not match the
existing structure on Garden Street or the fire station,” and that, “a four-story building behind single
story family homes should not be allowed.”
The CDG calls for infill projects to be compatible in scale, siting, detailing and overall character with
adjacent buildings1. There is no language calling for the design of new structures to match existing
structures. The ARC, whose main purview is to review projects for consistency with the CDG, and
who specifically discussed compatibility and size, unanimously recommend the project for approval
1 Community Design Guidelines, 5.3 Infill Development (A.1): Be compatible in scale, siting, detailing, and overall character with
adjacent buildings and those in the immediate neighborhood. This is crucial when a new or remodeled house is proposed to be larger
than others in the neighborhood. When new homes are developed adjacent to older ones, the height and bulk of the new construction
can have a negative impact on adjacent, smaller scale buildings.
Item 3
Packet Page 150
APPL-0607-2020
1321 Garden Street
Page 5
by the Community Development Director (Attachment 5, ARC Minutes) based on consistency with
the CDG.
The proposed structure was found consistent with the CDG and is compatible with the neighborhood
in many aspects. The primary materials proposed for the structure are brick veneer and smooth
troweled stucco, which are both used as primary material for the structure to the east on Garden Street.
While the project’s massing is similar to this adjacent structure and the historic firehouse, which have
two- and three-story vertical exterior walls with minimal articulation. Furthermore, the existing tall
mature trees along the west property line are proposed to be retained with the project, which will aid
in reducing the perceived mass of the new structure when viewed from Broad Street, behind the
existing single-story residences.
Use of the Structure: The appeal states that, “the design of the building looks more like it will support
at least three functions at the same time; office rental, and 2 living spaces.” The appeal further states
that there is no need for the second staircase and speculates that the second living space will not be
used by the family building the structure.
The applicant has included rooms in the project plans (Attachment 2) labeled “office” and has
expressed the need for these rooms to be used as offices to support his personal business activities.
These spaces can be used by the residents as a home office, either informally or in connection to a
Home Occupation permit as allowed per section 17.86.140 of the Zoning Regulations, so long as the
business activities do not reduce neighboring residents’ enjoyment of their neighborhood. However,
no space in the structure can be rented to other entities as commercial office space. The Zoning
Regulations does not specifically recognize “office” as a type of space or room associated with a
residential building and instead these spaces must be counted as bedrooms, as they are consistent with
the definition of bedroom. Due to this, those spaces have been counted as bedrooms for the purposes
of calculating residential density and parking requirements.
The proposed structure also includes a second-story Accessory Dwelling Unit (ADU) that is 800
square feet and includes a loft bedroom. ADUs are considered accessory uses to Single-Unit
Dwellings2, and per City ordinance (Municipal Code, section 17.86.020) and State Law, must be
ministerially approved within a proposed residential structure. ADUs are required to have a separate
entrance, which is provided by way of the “second” staircase. Accessory Dwelling Units can maintain
a connection to the main residence if desired. The proposed ADU is consistent with all applicable
City and State standards and requirements. The ADU can be rented separately or used in connection
to the main residence.
4.0 ENVIRONMENTAL REVIEW
The project is categorically exempt from environmental review (Class 3, Section 15303, New
Construction or Conversion of Small Structures, State CEQA Guidelines) because it consists of one
single-family residence in a zone which permits residential uses.
2 Zoning Regulations, Single-Unit Dwelling Use Definition: A dwelling unit designed for occupancy by one household which is not
attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. For the purpose
of accounting for housing units pursuant to Chapter 17.144 (Residential Growth Management Regulations), a single-unit dwelling
may also include, as an accessory use, one legally established accessory dwelling unit. This definition also includes individual
manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551
Item 3
Packet Page 151
APPL-0607-2020
1321 Garden Street
Page 6
5.0 OTHER DEPARTMENT COMMENTS
All City Departments have reviewed the project and have provided comments that are incorporated
into the staff report and recommended resolution as conditions of approval.
6.0 ALTERNATIVES
6.1 Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required.
6.2 Uphold the appeal, denying the project. The Planning Commission can uphold the appeal and
deny the project, based on findings of inconsistency with the General Plan, Zoning
Regulations, and applicable City regulations and policies.
7.0 ATTACHMENTS
1. Draft Resolution
2. Appeal Form and Letter
3. Project Plans
4. ARCH-0543-2019 approval letter
5. ARC Staff Report
6. ARC Minutes, September 14, 2020
Item 3
Packet Page 152
RESOLUTION NO. PC-XXXX-21
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED
BY GARY AND CATHERINE MILLER) THEREBY APPROVING A NEW
THREE-STORY, FIVE-BEDROOM, SINGLE-FAMILY RESIDENCE,
WITH AN 800-SQUARE FOOT ATTACHED ACCESSORY DWELLING
UNIT, TWO ATTACHED GARAGES, AND A 590-SQUARE FOOT ROOF
DECK. PROJECT INCLUDES A REQUEST FOR A REDUCTION IN
SETBACK REQUIREMENTS TO ALLOW AN EIGHT-FOOT SETBACK
AT THE CORNER OF THE ROOF DECK WHERE TEN FEET IS THE
STANDARD, WITH A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED FEBRUAR 10, 2021 (1321
GARDEN STREET, APPL-0607-2020)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a virtual public hearing, on September 14, 2020, recommending approval of the project
to the Community Development Director of the City of San Luis Obispo based on consistency
with the City’s Community Design Guidelines applicable to residential infill projects, pursuant to
a proceeding instituted under ARCH-0542-2019, Once Upon a Time LP, applicant; and
WHEREAS, the Community Development Director of the City of San Luis Obispo, on
November 20, 2020, approved the above referenced residential infill project; and
WHEREAS, on November 30, 2020, Gary and Catherine Miller, as a member of the
public, filed an appeal of the Community Development Director’s November 20, 2020 decision
approving the project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a virtual
public hearing in San Luis Obispo, California, on February 10, 2021, pursuant to a proceeding
instituted under APPL-0607-2020, Gary and Catherine Miller, appellant; and
WHEREAS, the Planning 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; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission does hereby deny an appeal (APPL-
0607-2020) of the Community Development Director’s decision, thereby granting final approval
Item 3
Packet Page 153
Resolution No. PC-XXXX-20
1321 Garden Street, APPL-0607-2020
Page 2
to the project (ARCH-00543-2019), based on the following findings:
1. The project will not be detrimental to the health, safety, and welfare of persons living or
working at the site or in the vicinity because the project will be compatible with the site
constraints and the character of the neighborhood, including buildings fronting Pismo and
Broad Streets.
2. The project is consistent with General Plan Land Use Element policies related to
neighborhood enhancement (Policy 2.2.7) because the project is an infill project that
contributes positively to the existing neighborhood and surrounding area by efficiently
utilizing the easements in place that provides access to the subject property and incorporating
design elements and materials from both the adjacent residential development to the east and
the historic fire station on the corner of Garden Street and Pismo Street.
3. The Architectural Review Commission reviewed the project on September 14, 2020 and
found the project consistent with the City’s Community Design Guidelines applicable to
residential infill projects because the project is compatible in scale, siting, and overall
character with adjacent buildings to the east and south that are two and three story buildings
with minimum setbacks from property lines and a minimum amount of vertical articulation.
The ARC’s recommended conditions are incorporated into this approval.
4. The project and the requested setback reduction is consistent with the intent of the Zoning
Regulations and applicable General Plan policies because the area receiving the reduction in
setback is minor in nature, involving an insignificant portion of total available solar exposure
and complies with solar access standards of General Plan Conservation and Open Space
Element (Policy 4.5.1). The setbacks are consistent with this policy because most roof areas,
nearly all second-story south walls, and most first-story south walls of adjacent properties
will be unshaded between 10 a.m. and 3 p.m. on the winter solstice
5. The project is consistent with the character of the neighborhood because adjacent properties
to the east are three stories in height and the colors and materials proposed are consistent
with adjacent structures.
6. As conditioned, the project, inclusive of the requested setback reduction, provides adequate
consideration of and measures to address any potential adverse effects of noise and privacy
on surrounding properties because the existing tall trees along the west property line will be
maintained for screening and the project is conditioned to modify the materials and/or design
of the east facing roof deck wall providing noise attenuation.
7. The project is exempt from environmental review under Class 3 (Section 15303), New
Construction or Conversion of Small Structures, of the CEQA Guidelines because the project
consists of the construction of one single-family residence and accessory dwelling unit within
the Medium-Density Residential zone.
Item 3
Packet Page 154
Resolution No. PC-XXXX-20
1321 Garden Street, APPL-0607-2020
Page 3
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review (Class 3, Section 15303, New Construction or Conversion of Small
Structures, State CEQA Guidelines) because the project consists of the construction of one single-
family residence and attached accessory dwelling unit within the Office Zone, which allows single-
family residential use.
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 Planning Commission (PC) hereby grants
final approval to the project with incorporation of the following conditions:
Please note 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 your project.
Planning
1. A building plan check submittal that is in substantial conformance with submitted project
plans and the following conditions of approval shall be submitted for review and approval of
the Community Development Department. A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all conditions of project approval
for ARCH-0543-2019. 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 Community
Development Director.
2. Plans submitted for a building permit shall call out the colors and materials on all elevation
drawings of proposed building surfaces and on all other site improvements in substantial
conformance to plans and documents provided and presented at the September 14, 2020
Architectural Review Commission hearing.
3. Consistent with the ARC’s motion, plans submitted for a building permit shall include the
addition of opaque glass windows or other design feature to the east façade in order to break
up the large blank wall, to the satisfaction of the Community Development Director.
4. Consistent with the ARC’s motion, plans submitted for a building permit shall incorporate
noise and overlook reducing materials and/or design modifications to the roof deck walls and
open railing along the roof deck, to the satisfaction of the Community Development Director.
5. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with the building permit application. 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. All planting shown on the approved landscaping plan shall be installed
prior to the release of occupancy.
Item 3
Packet Page 155
Resolution No. PC-XXXX-20
1321 Garden Street, APPL-0607-2020
Page 4
6. The locations of all lighting, including bollard-style landscaping or path lighting, shall be
included in plans submitted for a building permit. All wall-mounted lighting fixtures shall
be clearly called out on building elevations included as part of working drawings. All wall-
mounted lighting shall complement building architecture. The lighting schedule for the
building shall include a graphic representation of the proposed lighting fixtures and cut-
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City’s Night Sky
Preservation Standards contained in Chapter 17.70.100 of the Zoning Regulations.
Public Works
7. The building plan submittal shall include a complete site plan showing all existing property
lines and easements for reference. Easements shall include references to the map or easement
recording reference document numbers.
8. The building plan submittal shall include a complete site utility plan. The plan shall show
all existing and proposed improvements for reference. The inclusion of previously approved
improvement and site development plan sheets noted “as for reference only” may be
appropriate. Reference sheets should include reference to the corresponding building
permit(s).
9. The building plan submittal shall clarify whether the existing water well will be retained and
shall show and note any proposed use. If abandonment is proposed, a permit will be required
from County Environmental Health and from the City of San Luis Obispo. If used and
developed, the plan shall include all electrical, plumbing, storage systems, etc. for reference.
If retained without use, the well shall be secured per City Codes and Standards. If the well
is retained, the utility plan shall show the existing or proposed RP backflow prevention for
the domestic water services. The well head shall be sealed or extended to 1’ above the BFE
in accordance with State Water Resources Regulations regarding protection of the aquifer.
10. The utility plan shall show the required separation between the existing water well and any
sewer or storm drain piping in accordance with the California Plumbing Code and prevailing
regulations.
11. The site and/or utility plan shall show the PG&E Siren and appurtenances for reference. The
site plan shall show and label the PG&E easement and the easement recording reference
number.
12. The building plan submittal shall show and note compliance with the City’s Floodplain
Management Regulation. This project is located within an AO (2’ depth) floodzone. The
building shall be constructed of flood resistant materials or floodproofed to a minimum
height of 3’ (1’ of freeboard), above the highest adjacent grade. Additional freeboard is
recommended for building protection and a potential reduction in flood insurance premiums.
Item 3
Packet Page 156
Resolution No. PC-XXXX-20
1321 Garden Street, APPL-0607-2020
Page 5
13. Floodproofing of the first-floor hallways and rooms, identified on plans as “office(s)”, is
required. Passive flood-resistant construction may be prudent and is recommended for the
first-floor areas otherwise provided with “dry” floodproofing.
14. The elevator and elevator equipment shall be shown to comply with the most current FEMA
Technical Bulletin. Elevator equipment must be located above the BFE. Protection of the
elevator equipment within a “dry” floodproofed shell is not recognized by FEMA.
15. A non-conversion agreement shall be recorded prior to building permit issuance for the
garage and first-floor hallway and rooms, identified on plans as “office(s)”, located within
the Special Flood Hazard Area.
16. The grading and drainage plan shall show the proposed site drainage. The plan shall show
all existing and proposed improvements and easements for reference. The submittal shall
include any drainage analysis or previously approved drainage analysis for reference.
Utilities
17. The construction plans for sewer and water services shall be in accordance with the
engineering design standards in effect at the time the building permit is approved.
18. Building permit submittal shall include a site utility plan showing the location size of existing
and proposed sewer and water services.
19. Recycled water shall be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
20. Projects having landscape areas greater than 500 square feet shall provide a Maximum
Applied Water Allowance calculation as required by the Water Efficient Landscape
Standards; Chapter 17.87 of the City’s Municipal Code.
21. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions.
22. A trash enclosure capable of storing the required bins for waste, recycling, and organics
shall be provided.
23. The project will be required to provide a plan for the disposal, storage, and collection of solid
waste material for both the residential and commercial components of the project. The
development of the plan shall be coordinated with San Luis Garbage Company. The plan
must be submitted for approval by the City's Solid Waste Coordinator.
Item 3
Packet Page 157
Resolution No. PC-XXXX-20
1321 Garden Street, APPL-0607-2020
Page 6
Indemnification
24. 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 Commissioner _______, seconded by Commissioner ____________, and on
the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 10th day of February 2021.
_____________________________
Shawna Scott, Secretary
Planning Commission
Item 3
Packet Page 158
SECTION 1. APPELLANT INFORMATION
Gary and Catherine
Name Mailing Address
Miller
755 Sunshine Drive Los Altos Ca 94024. Owner of 1372 Broad Street
Phone Fax
6504921594
APPEAL FORM
Department of Community Development Planning Division
Fee must accompany
original signed appeal form
Received by: HN
In accordance with the procedures set forth in Title 17, Chapter 17.126 of the San Luis Obispo Municipal
Code, I hereby appeal the decision of the:
Zoning Hearing Officer- Administrative Hearing (appealed to Planning Commission)
Minor and Moderate Architectural Review (appealed to the Planning Commission)
Tier 2
Applicant Appeal: $954.02
Non-Applicant Appeal: $381.60
Community Development Director (appealed to the Planning Commission)
Tier 3
Applicant Appeal: $334.18
xNon-Applicant Appeal: $334.18
Community Development Director- Minor (appealed to the Planning Commission)
Tier 4
Applicant Appeal: $143.38
Non-Applicant Appeal: $143.38
If an action by the Architectural Review commission, Cultural Heritage Committee or Planning Commission is
being appealed, an “Appeal to the City Council” form is needed and can be obtained from the City Clerk’s
Office.
Date Received: 11/30/2020 Item 3
Packet Page 159
Signature of Appellant Date
Revised 7-1-20
SECTION 2. SUBJECT OF APPEAL:
The date the decision being appealed was rendered: ___Nov 29,
2020______________________________________
Project address: ___1321 Garden Street Project__________________________Application number:
________________________
ARCH -0543-2019
Explain specifically what action(s) you are appealing and why you believe your appeal should be
considered. You may attach additional pages, if necessary:
_____________________________________________________________________________
_We are the owners of 1372 Broad st which is directly adjacent to the proposed project at 1321
broad street.
We watched the video of the proceedings and appeal the approval under the following grounds.
1. The properties adjacent on Broad street were continually referred to as offices. This is not
the case at all and the 2 closest are lived in by single families. Was this to minimize
impact ?
2. The height and position of the proposed building violates set backs and violates privacy
and sound norms for our house. Having the 4th story deck is a complete invasion of our
privacy and looks straight into our master bedroom and kitchen and completely overlooks
our back yard. It will not be possible to not feel overlooked or violated by the abi lity to look
down from the deck.
3. The design does not match the existing structure on garden street or the fire station.
4. The design of the building looks more like it will support at least 3 functions at the same
time. Office rental, and 2 living spaces. We do not understand the additional staircase. We
do not believe this will simply be used as extra space for the family building it.
5. We would request that the roof deck is eliminated to remove the violation of our privacy,
the extra staircase removed. Any windows overlooking our yard be frosted.
6. Having a 4 storey building behind single storey family homes should not be allowed
especially in this case where the roof deck is huge and completely overlooks the yards
below with just a simple railing.
7.
8. Thank you for your consideration. Due to COVID we only received the post card
notification of the virtual meeting after it had taken place.
9.
10.
11. Gary and Catherine Miller Nov 29, 2020
12. _______________________________________________________________________
Item 3
Packet Page 160
G
Chapter 17.126
APPEALS
Sections:
17.126.010 Standing to appeal.
17.126.020 Time to file appeal.
17.126.030 Content of appeal filing.
17.126.040 Course of appeals.
17.126.050 Hearings and notice.
17.126.010 Standing to appeal.
Any person may appeal a decision of any official body, except that administrative decisions requiring
no discretionary judgment, as provided in Chapter 1.20, may not be appealed. (Ord. 1650 § 3 (Exh. B),
2018)
17.126.020 Time to file appeal.
Appeals must be filed within ten calendar days of the rendering of a decision which is being
appealed. If the tenth day is a Saturday, Sunday, or holiday, the appeal period shall extend to the
next business day. (Ord. 1650 § 3 (Exh. B), 2018)
17.126.030 Content of appeal filing.
The appeal shall concern a specific action and shall state the grounds for appeal. Applicable fees for
the appeal shall be paid as established by council resolution. (Ord. 1650 § 3 (Exh. B), 2018)
Item 3
Packet Page 161
17.126.040 Course of appeals.
A. Decisions of the director shall be appealed to the planning commission. Such appeals shall be
filed with the director.
B. Decisions of the planning commission shall be appealed to the council. Such appeals shall be
filed with the city clerk.
C. The director or city clerk, as applicable, shall have the authority to combine multiple appeal filings
for a single public hearing. (Ord. 1650 § 3 (Exh. B), 2018)
17.126.050 Hearings and notice.
A. Action on appeals shall be “de novo” review and shall be considered at the same type of hearing
and after the same notice that is required for the original decision.
B. Once an appeal has been filed, it shall be scheduled for the earliest available meeting,
considering public notice requirements and scheduled hearings, unless the appellant agrees to a
later date. (Ord. 1650 § 3 (Exh. B), 2018)
The San Luis Obispo Municipal Code is current through Ordinance 1662 and legislation passed
through May 7, 2019.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code.
Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
Item 3
Packet Page 162
T-1ATitle Sheet10128t-1a title sheet.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPSan Luis ObispoCa. 93401------------1321 Garden StreetSan Luis ObispoCa 93401May 31 2021Vicinity MapSiteProject DescriptionSheet List TableSheet Number Sheet TitleCB.01Color Board (8.5 x 11 attachment)T-1ATitle Sheet - General Information, Statistics & Character ImagesA-0.1 Site PlanA-1.1 First Floor PlanA-1.2 Second Floor PlanA-1.3 Third Floor PlanA-1.4 Roof DeckA-2.1 East ElevationA-2.2 North ElevationA-2.3 West ElevationA-2.4 South ElevationA-2.1a Partial East Elevation2019-08-06 / Plng Staff Mtg2019-08-09 / Plng ReviewProject InformationOwner: Once Upon a Time LPAddress 750 Pismo St., San Luis Obispo, Ca.Apn 003-524-017ZONE : OOCCUPANCY TYPE : R-2 CONSTRUCTION TYPE : VB Sprinklered 13RCURRENT USE: VacantSETBACKS :RequiredProposedFront E = 10' (No Build Easement) 12'Side N = 5' 20'Back W = 5' Varies, 5' min.Side S = 5' Varies, 6'11" min.HEIGHT : See also, Height Calculation Table on this sheetAllowedProposedBasic Req. = 35' 35' (3 Story)Exception17.70.080.C.2 10' Projection 8'-6"Projections: Solar, Chimney, Elevator, Screen, Vent, Antenna, SteeplePARKING :Br Count : [(top flr studio =1)+( Mstr =1)+(ground flr offices =3)] = 5 Br Total RequiredProposedSingle Unit Dwelling up to 4 BR 2 2 covered + 2 open = 4Top Floor Study ( count as 5th BR) 0.75Accessory Dwelling Unit NA1 covered .TOTAL : OK 2.75 < 3 covered + 2 open = 5Note: Covered spaces are in GaragesSITE AREAS : See also, Site Areas Table on this sheetLot Size = 5,826 sfAllowed Proposed% SF % SFLot Coverage : 60 3,495.6 39 2,296 sfBUILDING AREAS : See also, Permitted & Propsed Areas Table on this sheetFloor Area Ratio: Allowed Proposed % SF % SF 1.5 8,739 0.74 4,300FLOOD ZONE = FEMA 100 yr Flood Zone "AOA"BFE = depth 2' 200.79Req. FLOOD PROTECTION Ht. = BFE+1' min. = 2'+1' = 3' abv. adj grThis proposed project is an update of Building 3 of the previously approvedresidential project under ARC 59-08. It consists of a new 3 story residentialbuilding including a Single Live/Work dwelling unit with and exempt attachedAccessory Dwelling Unit (ADU). The non-residential office use of the Work/Liveoccurs on the 1st floor and is not greater than 50% of the total Work/Live Unitarea. Garages are also located on the ground floor, while living & bedroomsare on the 2nd & 3rd floors, & the roof has an open terrace. Stairs & anelevator provide access to all floors & the roof. The 2nd unit is an AccessoryDwelling Unit exempt from the density calculation. The ADU includes asleeping loft that qualifies as a mezzanine per CRC R325.The property is a flag lot set back from the street behind two existing 3 storymulti-unit residential buildings (Buildings 1 & 2 of the ARC 59-08 approval). Theold fire station (now converted to offices) is to the south of the property whilemixed office and residential structures are present to the west & north of theproject property.The property is relatively flat and requires minimal grading to provide thedrainage and stormwater management features required. The civil andlandscape designs will remain substantially the same as the previouslyapproved designs (drawings attached for reference).Density CalculationSite Areas & Coverage CalculationHeight Calculationconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTPermitted & Proposed Areas1NTSNeighborhood Context : Birds Eye from NW3NTSCharacter Rendering : Entry from NE Corner Driveway Eye Level4NTSMassing : NW Bird's Eye View5NTSMassing : SW Bird's Eye View6NTSMassing : NW Corner Eye Level View7NTSMassing : North Eye Level View2from Fire Station Court Eye levelCharacter Rendering : SE CornerMaterials1) PLASTER :smooth troweledtexutre & beigecolor to matchadjacent (E)Townhomes2) BRICK :Red Clay to matchadjacent (E)Townhomes, blackgrout3) ROOF & ACCENTWALL :Standing seammetal, pre-finishedzinc colored4) PAVERS :Random size,pattern & color tomatch adjacent(E) Townhomesdriveway.5) GUARDRAIL :Black rectangulartube posts & toprail with horizontalcables for guard6) STEEL ACCENTS :Steel structural shapes with black finish7) DOORS &WINDOWS :Steel, darkbronzefactoryfinishProposed ProjectExisiting Bldg.Proposed ProjectExisiting Bldg.(E) BUILDINGSPROPOSED PROJECT(E) OFFICE ( Past Fire Station)GARDEN ST.PISMO ST.(E) Bldg.Proposed Project(E) Bldg.F-1.0Flood Plan & DetailsA-1.5 Roof Plan2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespImpItem 3Packet Page 163
17'-9"5'-0"5'-0"5'-0"AccessEasment 2357or 85Garden Street32 31 A102 21 P120'-0"02 21 D102 21 D2N53°05'25"E 166.68'Existing StructureExisting StructureExisting StructureExisting StructureProposed StructureFF @ 198.8'Existing StructureExisting Structure33 81 S133 70 E133 70 E133 40 D1typ33 44 C112'-3"31 13 A131 12 A29'-3"4'-0"5'-0"22'-0"66.68'100.00'32 92 A102 21 P1Lowest Point of (E)Grade = 197.88'Highestest Point of(E) Grade = 200.00'24'-8"17'-0"Utility Easment02 21 U102 21 W1SetbackIngress, Egress, Access, Parking,Landscaping & Utility Easementper Doc#2010-032998Restricted Building Areaper Doc#2010-032998P.U.E.⅊ACCESS EASMENTSetbackDrainageEasment10'-0"8" PVC Water Main6" PVC Water Main6" Sewer MainGas Main9'-3"10'-3"16'-0"8'-0"14'-3"±125' to Fire HydrantNTS6'-8"1'-0"5'-0"2'-6"5'-0"14'-0"12"8'-0"2"12"5'-10"12"4'-0"12"24'-0"51'-0"24'-0"23'-0"51'-0"6'-0"±18"Varies16"15"FH Located at NECorner of GardenSt & BuchonIntersection ±340'from SE PropertyLine cornerNTS4'-0"4'-9"A-0.1Site Plan10128a-0.1 site plan.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202111/8" = 1'-0"Site Plan SCALE: 1/8" = 1'-0"4' 8'016'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng ResponseREFERENCE KEYNOTESDIVISION 02 - EXISTING CONDITIONS02 21 D1 -(E) DRIVEWAY02 21 D2 -(E) SIDEWALK02 21 P1 - PROPERTY LINE02 21 U1 -25’ MINIMUM SEPARATION OF SEWER LINES TO WELL WILL BEMAINTAINED02 21 W1 -(E) WATER WELLDIVISION 31 - EARTHWORK31 12 A2 -(E) TREES TO REMAIN31 13 A1 -(E) TREE OF HEAVEN TO BE PRUNEDDIVISION 32 - EXTERIOR IMPROVEMENTS32 31 A1 -ELECTRIC GATE, COORDINATE MATERIAL & APPEARANCE W/OWNER32 92 A1 - BIO SWALE LAWNDIVISION 33 - UTILITIES33 40 D1 - DRAINAGE FLOW DIRECTION33 44 C1 - CATCH BASIN WITH GRATE33 70 E1 -(E) POWER POLE33 81 S1 - SIREN POLE2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 164
1122334455ABCDABCDA-3.11.2A-3.11.2A-3.21.6A-3.21.613'-0"7'-0"8'-0"15'-0"51'-0"1'-0"19'-6"5'-0"24'-0"24'-0"12'-0"8'-0"7'-0"24'-0"8'-0"14'-0"4'-0"4'-0"4'-0"5'-1"56'-0"5'-0"1'-0"2'-0"1'-0"5'-0"1'-0"5'-3"4'-9"6'-6"11'-0"6'-6"2'-10"11'-0"10'-2"6'-6"11'-0"6'-6"5'-0"01 11 F1 typ01 11 F1 typ6"4'-0"1'-2"7'-10"9"℄℄UP to Mid-Landing10R@7.13"=5.938'UP to2nd Flr.4R@7.13"=2.375'01 11 W208 14 D301 11 W108 14 D201 11 A11'-0"11"ADAAccessiable01 11 W4A-1.1First Floor Plan10128a-1.1 first floor plan.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202111/4" = 1'-0"1st Floor PlanSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2020-01-20 / Bldg Area Coord2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 A1 -FLOOR & CEILING ASSEMBLIES SEPERATING DWELLING UNITS INTWO-FAMILY DWELLINGS SHALL BE 1 HR FIRE RATED PER CRC302.3; SUPPORTING STRUCTURE FOR THESE ASSEMBLIES SHALLHAVE AN EQUAL OR GREATER FIRE-RESISTANCE RATING, TYP.01 11 F1 - LINE OF FLOOR ABOVE01 11 W1 -WALL ASSEMBLIES SEPERATING DWELLING UNITS IN TWO-FAMILYDWELLINGS SHALL BE 1 HR FIRE RATED PER CRC 302.3, TYP.01 11 W2 -WALL ASSEMBLIE SEPERATING DWELLING FROM GARAGE SHALLBE NOT LESS THAN 1/2-INCH GYPSUM BOARD OR EQUIVALENTAPPLIED TO THE GARAGE SIDE PER CRC R302.5 & R302.601 11 W4 -LINE OF WALL ABOVE, TYPDIVISION 08 - OPENINGS08 14 D2 -20 MIN. FIRE RATED, SELF CLOSING, TIGHT FITTING DOOR08 14 D3 -FIRE RATING EQUAL TO WALL ASSEMBLIE, SELF CLOSING, TIGHTFITTING DOOR2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 165
Loft+17'-6"6'-0"6'-0"8'-0"51'-0"3'-0"23'-0"2'-0"24'-0"24'-0"12'-0"8'-0"14'-0"6'-0"6'-0"14'-0"5'-0"12'-0"4'-0"3'-0"58'-0"2'-0"8'-0"1'-3"2'-0"59'-3"3'-6"6'-0"5'-0"6'-0"5'-6"15'-0"7'-0"6'-0"6'-0"1'-0"2'-0"01 11 W101 11 F101 11 F23'-0"UP to 2nd landing8R@6.947"5'-5"1'-0"7"4'-0"1'-2"7'-10"9"DN to 1stlanding08 14 D301 11 A1Loft+17'-6"9'-0"23'-0"2'-0"14'-0"5'-0"4'-0"6'-0"31'-0"6'-0"3'-0"3'-0"Loft+17'-66"""6"4'-512"13'-0"1'-0"Loft+17'-6"15t @ 11" = 13'-9"4'-1012"01 11 F24'-412"01 11 W101 11 A1A-1.2Second FloorPlan10128a-1.2 second floor plan.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202121/4" = 1'-0"2nd Floor PlanSCALE: 1/4" = 1'-0"2' 4'08'11/4" = 1'-0"2nd Floor LoftSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2020-01-20 / Bldg Area Coord2020-02-24 / Plng ResponseREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 A1 -FLOOR & CEILING ASSEMBLIES SEPERATING DWELLING UNITS INTWO-FAMILY DWELLINGS SHALL BE 1 HR FIRE RATED PER CRC302.3; SUPPORTING STRUCTURE FOR THESE ASSEMBLIES SHALLHAVE AN EQUAL OR GREATER FIRE-RESISTANCE RATING, TYP.01 11 F1 - LINE OF FLOOR ABOVE01 11 F2 - LINE OF FLOOR BELOW01 11 W1 -WALL ASSEMBLIES SEPERATING DWELLING UNITS IN TWO-FAMILYDWELLINGS SHALL BE 1 HR FIRE RATED PER CRC 302.3, TYP.DIVISION 08 - OPENINGS08 14 D3 -FIRE RATING EQUAL TO WALL ASSEMBLIE, SELF CLOSING, TIGHTFITTING DOOR2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 166
17'-0"8'-0"15'-0"51'-0"1'-0"4'-6"2'-0"12'-0"8'-0"12'-0"7'-0"4'-0"3'-0"32'-0"19'-0"1'-6"5'-0"1'-6"6'-0"5'-6"7'-0"5'-0"7'-0"5'-6"14'-6"29'-0"2'-0"3'-5"1'-2"3'-5"3'-6"4'-0"5'-6"8'-0"01 11 F101 11 F21'-0"9'-0"1'-0"1'-0"3"3'-0"3'-9"1'-6"11"UP to Roof10R@7.2"=8.25'DN to 2ndlanding01 11 C18'-3"3'-3"01 11 F201 11 R3A-1.3Third Floor Plan10128a-1.3 third floor plan.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202111/4" = 1'-0"3rd Floor PlanSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 C1 - LINE OF CEILING ABOVE01 11 F1 - LINE OF FLOOR ABOVE01 11 F2 - LINE OF FLOOR BELOW01 11 R3 - 2ND FLOOR ROOFItem 3Packet Page 167
1'-0"14'-6"12'-0"8'-0"12'-0"6'-3"32'-0"8'-0"7'-0"17'-0"6'-0"2'-0"8'-3"01 11 R101 11 F201 11 F201 11 R301 11 D1A-1.4Roof Deck10128a-1.4 roof deck.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202111/4" = 1'-0"Roof DeckSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2020-01-20 / Bldg Area Coord2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 D1 - UNCOVERED ROOF DECK01 11 F2 - LINE OF FLOOR BELOW01 11 R1 - LINE OF ROOF ABOVE01 11 R3 - 2ND FLOOR ROOFItem 3Packet Page 168
1122334455ABCDABCDA-3.11.2A-3.11.2A-3.21.6A-3.21.648 14 C101 11 R301 11 R201 11 D101 11 D248 14 C2 typ01 11 W308 62 A1 typA-1.5Roof Plan10128a-1.5 roof plan.dwg----consultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHT------------May 31 2021Garden Green,Building 3750 Pismo St.Once Upon a Time LPSan Luis ObispoCa.934011321 Garden StreetSan Luis ObispoCa 9340111/4" = 1'-0"1st Floor PlanSCALE: 1/4" = 1'-0"2' 4'08'2020-02-24 / Plng ResponseREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 D1 - UNCOVERED ROOF DECK01 11 D2 - UNCOVERED 2ND FLOOR DECK01 11 R2 - 1ST FLOOR ROOF01 11 R3 - 2ND FLOOR ROOF01 11 W3 -LINE OF WALL BELOW, TYP.DIVISION 08 - OPENINGS08 62 A1 - SKYLIGHTDIVISION 48 - ELECTRICAL POWER GENERATION48 14 C1 -SOLAR ENERGY COLLECTOR CANOPY, FLAT PANELS MOUNTEDHORIZONTAL, SEE ROOF PLAN48 14 C2 -SOLAR ENERGY FLAT PANEL COLLECTOR, MOUNTED HORIZONTALON ROOF2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 169
BA9'-6"35'-0"11'-0"11'-0"9'-6"07 32 M109 30 B109 23 A108 50 A1±8'-6"01 41 S101 41 S1+219.3'3rd FF+233.8'+208.3'2rd FF+198.8'1st FF+238.3'Roof+242.3'Roof01 41 S1@ Bldg SE cornerGrid Line 45'-0"PL @ Grid Line 408 50 A308 50 A3A-2.1East Elevation10128a-2.1 west elevation.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa 93401May 31 202111/4" = 1'-0"East ElevationSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 41 S1 - SETBACK AND BUILDING HEIGHT PLANE PER CITY CODE 17.24.02001 41 S2 -PROJECTION INTO SETBACK FOR CORNICES, EAVES, CHIMNEYS,PROJECTING WINDOWS AND OTHER ELEMENTS AS IDENTIFIED &ALLOWED PER CITY ZONING 17.70.170.C.5.A; MAX PROJECTIONALLOWED = 30".DIVISION 07 - THERMAL AND MOISTURE PROTECTION07 32 M1 - STANDING SEAM METAL ROOFDIVISION 08 - OPENINGS08 50 A1 - WINDOW AS SCHEDULED.08 50 A3 -WINDOW SHALL MEET EMERGENCY EGRESS REQUIREMENTS PERCBC SECTION 310.2. PROVIDE MIN. NET CLEAR OPENING OF 5.7SQ FT WITH 24" MIN CLEAR HT. AND 20" MIN CLR. WIDTH WITH THEBOTTOM OF OPENING @ 44" MAX. HT. ABOVE THE FLOOR.DIVISION 09 - FINISHES09 23 A1 -7/8" STUCCO, SMOOTH TROWLED FINISH ON SELF FURRING METALLATH OVER TYVEK STUCCO WRAP OVER PLYWOOD WHEREINDICATED. WHERE INSTALLED OVER WOOD BASE SHEATHINGPROVIDE A SECOND "INTERVENING LAYER" OF TYVEKWATER-RESISTIVE BARRIER OR GRADE D BUILDING PAPER. COLORBROWN TO MATCH (E) FRONT BUILDING ON ADJACENTPROPERTY09 30 B1 - BRICK VENEER PER APPROVED MATERIALS SAMPLE BOARD.2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 170
A-2.1aPartial EastElevation10128partial east elevation.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa93401May 31 202111/4" = 1'-0"Partial East ElevationSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 41 S1 - SETBACK AND BUILDING HEIGHT PLANE PER CITY CODE 17.24.02001 41 S3 -UNCOVERED DECK PROJECTION INTO SETBACK ALLOWED PERCITY ZONING 17.70.170.C.5.B; MAX PROJECTION ALLOWED = THELESSER OF 4' OR 1/2 THE REQUIRED SETBACK.DIVISION 07 - THERMAL AND MOISTURE PROTECTION07 32 M1 - STANDING SEAM METAL ROOFDIVISION 09 - FINISHES09 23 A1 -7/8" STUCCO, SMOOTH TROWLED FINISH ON SELF FURRING METALLATH OVER TYVEK STUCCO WRAP OVER PLYWOOD WHEREINDICATED. WHERE INSTALLED OVER WOOD BASE SHEATHINGPROVIDE A SECOND "INTERVENING LAYER" OF TYVEKWATER-RESISTIVE BARRIER OR GRADE D BUILDING PAPER. COLORBROWN TO MATCH (E) FRONT BUILDING ON ADJACENTPROPERTY09 30 B1 - BRICK VENEER PER APPROVED MATERIALS SAMPLE BOARD.DIVISION 10 - SPECIALTIES10 31 C1 - CHIMNEYDIVISION 48 - ELECTRICAL POWER GENERATION48 14 C1 -SOLAR ENERGY COLLECTOR CANOPY, FLAT PANELS MOUNTEDHORIZONTAL, SEE ROOF PLANItem 3Packet Page 171
1234505 52 R109 23 A109 23 A107 42 S102 21 P102 21 S2±8'-6"34"This setback occurs at the2-story portion of the bldg.PL @ NWBldg Corner01 41 S19'-6"+216.3'Loft FF+224.3'Studio FF+233.8'+238.3'Roof+242.3'RoofPL @ SW BldgCorner01 41 S1
@Bldg North
W
a
ll
(
2
s
t
o
r
y
)
01 41 S1
@ Bldg South
W
a
ll
(
3
s
t
o
r
y
)5'-0"5'-0"5'-0"48 14 C109 30 B107 71 A305 52 R1+208.3'2rd FF10'-0"Allowed Ht. Exception for Projectionsper 17.70.080.C.2Elevator, Solar, Steeples, etc.5'-0"01 41 S1
@Bldg Kitche
n
N
o
r
t
h
W
al
l
(
3
s
t
o
r
y
)PL @ KitchenNorth WallThis setback occurs at thenorth side of the 3-storyportion of the bldg.This setback occursat the south side of the3-story portion ofthe bldg.01 41 S22'-6" max.A-2.2North Elevation10128a-2.2 north elevation.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa 93401C:\M\Letterhead\khA\Stamp\eSeal_CA_Hall_182555.jpgMay 31 202111/4" = 1'-0"North Elevation2019-08-06 / Plng Staff MtgSCALE: 1/4" = 1'-0"2' 4'08'2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 41 S1 - SETBACK AND BUILDING HEIGHT PLANE PER CITY CODE 17.24.02001 41 S2 -PROJECTION INTO SETBACK FOR CORNICES, EAVES, CHIMNEYS,PROJECTING WINDOWS AND OTHER ELEMENTS AS IDENTIFIED &ALLOWED PER CITY ZONING 17.70.170.C.5.A; MAX PROJECTIONALLOWED = 30".DIVISION 02 - EXISTING CONDITIONS02 21 P1 - PROPERTY LINE02 21 S2 -(E) STRUCTURE ON ADJACENT PROPERTYDIVISION 05 - METALS05 52 R1 - METAL RAILINGDIVISION 07 - THERMAL AND MOISTURE PROTECTION07 42 S1 - METAL SIDING07 71 A3 - DOWNSPOUT.DIVISION 09 - FINISHES09 23 A1 -7/8" STUCCO, SMOOTH TROWLED FINISH ON SELF FURRING METALLATH OVER TYVEK STUCCO WRAP OVER PLYWOOD WHEREINDICATED. WHERE INSTALLED OVER WOOD BASE SHEATHINGPROVIDE A SECOND "INTERVENING LAYER" OF TYVEKWATER-RESISTIVE BARRIER OR GRADE D BUILDING PAPER. COLORBROWN TO MATCH (E) FRONT BUILDING ON ADJACENTPROPERTY09 30 B1 - BRICK VENEER PER APPROVED MATERIALS SAMPLE BOARD.DIVISION 48 - ELECTRICAL POWER GENERATION48 14 C1 -SOLAR ENERGY COLLECTOR CANOPY, FLAT PANELS MOUNTEDHORIZONTAL, SEE ROOF PLAN2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 172
DABC11'-0"11'-0"3'-6"9'-6"07 32 M109 30 B107 71 A305 52 R105 52 R110 31 C109 23 A108 50 A312'-0"8'-0"±4'-6"±8'-6"±4'-6"01 41 S101 41 S301 41 S17"+219.3'3rd FF+233.8'+208.3'2rd FF+198.8'1st FF+238.3'Roof+242.3'Roof5'-0"5'-0"01 41 S1
@ Bldg SW c
o
r
n
e
r
48 14 C1Open01 41 S21'-434"A-2.3West Elevation10128a-2.3 east elevation.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa 93401May 31 202111/4" = 1'-0"West ElevationSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 41 S1 - SETBACK AND BUILDING HEIGHT PLANE PER CITY CODE 17.24.02001 41 S2 -PROJECTION INTO SETBACK FOR CORNICES, EAVES, CHIMNEYS,PROJECTING WINDOWS AND OTHER ELEMENTS AS IDENTIFIED &ALLOWED PER CITY ZONING 17.70.170.C.5.A; MAX PROJECTIONALLOWED = 30".01 41 S3 -UNCOVERED DECK PROJECTION INTO SETBACK ALLOWED PERCITY ZONING 17.70.170.C.5.B; MAX PROJECTION ALLOWED = THELESSER OF 4' OR 1/2 THE REQUIRED SETBACK.DIVISION 05 - METALS05 52 R1 - METAL RAILINGDIVISION 07 - THERMAL AND MOISTURE PROTECTION07 32 M1 - STANDING SEAM METAL ROOF07 71 A3 - DOWNSPOUT.DIVISION 08 - OPENINGS08 50 A3 -WINDOW SHALL MEET EMERGENCY EGRESS REQUIREMENTS PERCBC SECTION 310.2. PROVIDE MIN. NET CLEAR OPENING OF 5.7SQ FT WITH 24" MIN CLEAR HT. AND 20" MIN CLR. WIDTH WITH THEBOTTOM OF OPENING @ 44" MAX. HT. ABOVE THE FLOOR.DIVISION 09 - FINISHES09 23 A1 -7/8" STUCCO, SMOOTH TROWLED FINISH ON SELF FURRING METALLATH OVER TYVEK STUCCO WRAP OVER PLYWOOD WHEREINDICATED. WHERE INSTALLED OVER WOOD BASE SHEATHINGPROVIDE A SECOND "INTERVENING LAYER" OF TYVEKWATER-RESISTIVE BARRIER OR GRADE D BUILDING PAPER. COLORBROWN TO MATCH (E) FRONT BUILDING ON ADJACENTPROPERTY09 30 B1 - BRICK VENEER PER APPROVED MATERIALS SAMPLE BOARD.DIVISION 10 - SPECIALTIES10 31 C1 - CHIMNEYDIVISION 48 - ELECTRICAL POWER GENERATION48 14 C1 -SOLAR ENERGY COLLECTOR CANOPY, FLAT PANELS MOUNTEDHORIZONTAL, SEE ROOF PLANItem 3Packet Page 173
123459'-6"39'-6"11'-0"11'-0"9'-6"8'-0"02 21 P102 21 S209 23 A109 30 B108 62 A110'-0"Allowed Ht. Exception for Projectionsper 17.70.080.C.2Elevator, Solar, Steeples, etc.01 41 S301 41 S101 41 S19"+208.3'2rd FF+216.3'Loft FF+224.3'Studio FF+219.3'3rd FF+208.3'2nd FF+198.8'1st FF5'-0"5'-0"01 41 S1@ Bldg SW corner01 41 S22'-6" max.A-2.4South Elevation10128a-2.4 south elevation.dwg----Garden Green,Building 3750 Pismo St.Once Upon a Time LPconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHTSan Luis ObispoCa.93401------------1321 Garden StreetSan Luis ObispoCa 93401May 31 202111/4" = 1'-0"South ElevationSCALE: 1/4" = 1'-0"2' 4'08'2019-08-06 / Plng Staff Mtg2019-08-09 / Plng Review2019-10-21 / Mtg w/Bldg-Fire-PW2020-02-24 / Plng Response2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment RespREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 41 S1 - SETBACK AND BUILDING HEIGHT PLANE PER CITY CODE 17.24.02001 41 S2 -PROJECTION INTO SETBACK FOR CORNICES, EAVES, CHIMNEYS,PROJECTING WINDOWS AND OTHER ELEMENTS AS IDENTIFIED &ALLOWED PER CITY ZONING 17.70.170.C.5.A; MAX PROJECTIONALLOWED = 30".01 41 S3 -UNCOVERED DECK PROJECTION INTO SETBACK ALLOWED PERCITY ZONING 17.70.170.C.5.B; MAX PROJECTION ALLOWED = THELESSER OF 4' OR 1/2 THE REQUIRED SETBACK.DIVISION 02 - EXISTING CONDITIONS02 21 P1 - PROPERTY LINE02 21 S2 -(E) STRUCTURE ON ADJACENT PROPERTYDIVISION 08 - OPENINGS08 62 A1 - SKYLIGHTDIVISION 09 - FINISHES09 23 A1 -7/8" STUCCO, SMOOTH TROWLED FINISH ON SELF FURRING METALLATH OVER TYVEK STUCCO WRAP OVER PLYWOOD WHEREINDICATED. WHERE INSTALLED OVER WOOD BASE SHEATHINGPROVIDE A SECOND "INTERVENING LAYER" OF TYVEKWATER-RESISTIVE BARRIER OR GRADE D BUILDING PAPER. COLORBROWN TO MATCH (E) FRONT BUILDING ON ADJACENT PROPERTY09 30 B1 - BRICK VENEER PER APPROVED MATERIALS SAMPLE BOARD.Item 3Packet Page 174
1122334455ABCDABCDA-3.11.2A-3.11.2A-3.21.6A-3.21.6FG-01FG-02FG-03FG-05FG-06FG-07FG-04FG-08FG-09FG-1010 71 A110 71 A110 71 F110 71 F1Flood Protection Device ScheduleI.D.DescriptionWidthHeightNotesFG-01FG-02FG-03FG-04FG-05FG-06FG-07FG-08FG-09FG-10Flood GateFlood GateFlood GateFlood GateFlood GateFlood GateFlood GateFlood GateFlood GateFlood Gate4'-0"6'-6"4'-10"4'-0"4'-0"3'-6"4'-2"4'-8"4'-8"4'-8"3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min.3'-0" min. 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,x 3/4" marine grade plywood, see detail x,xF-1.0Flood Plan &Details10128f-1.0 flood plan & details.dwg----2020-02-11 / Progress Plotconsultants:client:sheet name:sheet number:date/purpose:file:job no:application no:COPYRIGHT------------May 31 2021Garden Green,Building 3750 Pismo St.Once Upon a Time LPSan Luis ObispoCa.934011321 Garden StreetSan Luis ObispoCa 9340111/4" = 1'-0"Flood Gate PlanSCALE: 1/4" = 1'-0"2' 4'08'2020-02-24 / Plng ResponseREFERENCE KEYNOTESDIVISION 01 - GENERAL REQUIREMENTS01 11 B1 -ALL UTILITES & EQUIPMENT SHALL BE LOCATED IN AREAS THAT AREDRY FLOOD PROOFED OR BE ELEVATED 1' MIN. ABOVE THE BFE.01 11 B2 -RESIDENTIAL USES SHALL BE LOCATED A MINIMUM OF 1' ABOVETHE BFE.DIVISION 10 - SPECIALTIES10 71 A1 -GARAGE AREA USED SOLELY FOR PARKING VEHICLES ANDLIMITED STORAGE, AREAS OF THE GARAGE BELOW THE BFE MUSTBE CONSTRUCTED WITH FLOOD-RESISTANT MATERIALS10 71 F1 -AREA FLOODPROOFED, TOGETHER WITH ATTENDANT UTILITY ANDSANITARY FACILITIES, SO THAT THE STRUCTURE IS WATERTIGHT WITHWALLS SUBSTANTIALLY IMPERMEABLE TO THE PASSAGE OF WATEWITH STRUCTURAL COMPONENTS CAPABLE OF RESISTINGHYDROSTATIC AND HYDRODYNAMIC LOADS AND EFFECTS OFBUOYANCY2020-05-05 / Dev Rvw Comment Resp2020-07-08 / Dev Rvw Comment Resp2020-07-27 / Dev Rvw Comment RespItem 3Packet Page 175
PROJECTIONS INTO HEIGHT/SETBACKVIEW FROM SOUTH WESTGarden Green Bldg. 31321 Garden Street, SLO CA 2020-07-24khA keith hall Architect ARCHITECTURE PLANNING DEVELOPMENT SERVICES khall@parallelDesignStudios.com T 805.541.9160 C 805.296.5421 Uncovered deckprojection,reference City ofSLO Zoning17.70.170.C.5.bStair & Elevatorstructures allowed anadditional 10' of height,reference City of SLOZoning 17.70.080.C.2Chimneyprojection,reference City ofSLO Zoning17.70.170.C.5.bItem 3Packet Page 176
Uncovered deckprojection,reference City ofSLO Zoning17.70.170.C.5.bkhA keith hall Architect ARCHITECTURE PLANNING DEVELOPMENT SERVICES khall@parallelDesignStudios.com T 805.541.9160 C 805.296.5421 PROJECTIONS INTO HEIGHT/SETBACKVIEW FROM NORTH WESTGarden Green Bldg. 31321 Garden Street, SLO CA 2020-07-27Discretionary exception to thesetback/height requirementsproposed per city zoning17.70.170.D.2.e for anexception of minor natureinvolving an insignificantportion of the total availablesolar exposure.Item 3Packet Page 177
Item 3
Packet Page 178
Item 3
Packet Page 179
Item 3
Packet Page 180
Item 3
Packet Page 181
Item 3
Packet Page 182
Item 3
Packet Page 183
Meeting Date: September 14, 2020
Item Number: 2
ARCHITECTURAL REVIEW COMMISSION REPORT
1.0 PROJECT DESCRIPTION AND SETTING
The proposed project is a new three-story single-family residential structure, which includes a 3,732-
square foot, five-bedroom home, an 800-square foot accessory dwelling unit, 590-square foot roof
deck, and two garages that would accommodate three vehicles in total. The project is located on a lot
with no street frontage created through a previous approved common interest subdivision (MS 59-
08), which takes access from Garden Street through a recorded easement. The project includes a
request for a reduction in setback requirements to allow an eight-foot setback where ten feet is the
standard for the upper portion of the structure’s third story walls. The first and second floors are
consistent with setback requirements.
General Location: The 5,826-square foot project site is an existing parcel within the Office zone, with
access to Garden Street through an access easement. The property is located in the center of the block
between Pismo and Pacific Streets and Garden and Broad Streets. The property immediately to the
east contains three individually owned airspace condominium units, which share the access easement
that serves the subject property. All other adjacent properties consist of residential and office uses,
which are all allowed uses within the Office (O) zone.
Present Use: Parking Lot
Zoning: Office (O)
General Plan: Office
Surrounding Uses:
East: Multi-Unit Residential
West: Single-Unit Dwellings, Office
North: Multi-Unit Residential, Office
South: Office Uses
2.0 PROPOSED DESIGN
Architecture: Contemporary
Design details: Primarily rectilinear design with
pitched and flat roofs, second story balcony and
roof deck, large recessed windows, paneled
garage doors, and projecting fireplaces with
prominent chimney pipes.
FROM: Shawna Scott, Senior Planner BY: Kyle Van Leeuwen, Assistant Planner
PROJECT ADDRESS: 1321 Garden Street FILE NUMBER: ARCH-0543-2019
APPLICANT: Once Upon a Time LP REPRESENTATIVE: Keith Hall, khA
____________________________________________________________________________________________________
For more information contact: (Kyle Van Leeuwen) at 781-7091 or kvanleeuwen@slocity.org
Figure 1: Subject Property
Item 3
Packet Page 184
ARCH-0543-2019
1321 Garden Street
Page 2
Materials: Smooth troweled stucco, brick veneer, metal railings, and standing seem metal roofing
Colors: Fallbrook stucco and red brick (consistent w/ adjacent building), charcoal roof, black railing
3.0 FOCUS OF REVIEW
The ARC’s role is to 1) review the proposed project in terms of consistency with the Community Design
Guidelines (CDG) and applicable City Standards and 2) provide comments and recommendations to
the Community Development Director.
Community Design Guidelines: https://www.slocity.org/home/showdocument?id=2104
4.0 COMMUNITY DESIGN GUIDELINES/DISCUSSION ITEMS
The project must be consistent with the requirements of the General Plan, Zoning Regulations, and
CDG, Staff has identified the discussion items below related to consistency with CDG Chapters 2
(General Design Principles) and 5 (Residential Project Design).
Figure 2: Project Rendering
Item 3
Packet Page 185
ARCH-0543-2019
1321 Garden Street
Page 3
Highlighted Sections Discussion Items
Chapter 2.2 – Building Design
§2.2.F. – Coordinate the
new with the old
The proposed structure is behind existing residential units that share an
access easement and a master list historic structure (Old Fire Station).
The ARC should discuss whether design elements such as a metal roof
and prominent chimneys properly coordinate with these existing
structures.
Chapter 5.2 – Subdivision Design and General Residential Project Principles
§5.2.G. – Windows
The three-story portion of the building adjacent to the western
property line has proposed setbacks of eight to ten feet. The CDG calls
for windows located ten feet or less from a property line to be located
and/or screened to provide privacy to residents of both structures, and
that is some cases, glass block glass block or translucent glass may be
appropriate to provide light, but also provide privacy between
buildings. The CDG should also consider whether the design of the roof
deck, which is also setback eight to ten feet from the property line with
open railing along the edges, adequately addresses privacy concerns.
Chapter 5.3 – Infill Development
§5.3.A. – General Principles
(1)
The project site has two and three-story buildings to the south and east,
and single-story structures to the west. The ARC should discuss if the
project is compatible in scale, siting, detailing and overall character with
adjacent buildings and those in the immediate area and whether the
height and bulk of the new structure will have a negative impact on
adjacent, smaller scale buildings.
§5.3.C – Visual Impact from
Building Height
The project proposes a 35-foot tall building wall adjacent to the west
property line with no additional building setbacks for upper floors from
that of lower floors. The ARC should discuss whether the height is
consistent with surrounding residential structures, and if the design
impacts adjacent smaller homes and their solar access.
5.0 PROJECT STATISTICS
Site Details Proposed Allowed/Required*
Setbacks: North
South
East
West
18 feet
9.25 feet (exception)
10 feet
8 feet (exception)
9 feet
10 feet (third floor)
10 feet (no-build easement)
10 feet (third floor)
Maximum Height of Structures 35 feet 35 feet
Max Building Coverage 39% 60%
Total # Parking Spaces 5 3
Environmental Status
Categorically exempt from environmental review under CEQA
Guidelines section 15303 (New Construction or Conversion of Small
Structures)
Zoning Regulations Exception
Item 3
Packet Page 186
ARCH-0543-2019
1321 Garden Street
Page 4
The project includes a request for reduction in setback requirements to allow an eight-foot setback at
the third story where ten feet is the standard requirement based of the height of the structure. Per
Zoning Regulations (§17.70.170 D.2.e.(2)), an exception to the side and rear setback standards can be
granted when the exception is minor in nature, involving an insignificant portion of solar exposure.
Due to the angle of the eastern and southern lot lines and the positioning of the structure’s walls (not
parallel to the lot lines), the requested exception does involve only the corners of the structure. This
represents an insignificant portion of total available solar exposure, with the majority of the building
mass consistent with setback requirement. The applicant has represented this in the provided setback
exhibits (Attachment 3).
It is of note that the Zoning Regulations does allow for uncovered balconies and decks to extend into
the required setback up to four feet. (§17.70.170.C.5.b). While this section can be interpreted to allow
a portion of the roof deck , and the walls and railings around the deck, to project into the required
setback, the building mass below the roof deck would not be subject to this allowance and must be
consistent with standard requirements. Also, while the exception to the objective standards for
setbacks is supported by staff given the language in the Zoning Regulations, this does not necessarily
imply that the area receiving the exception is consistent with the Community Design Guidelines
sections highlighted above. Therefore, staff has brought this item before your Commission for
consideration and a recommendation to the Director.
6.0 ACTION
6.1 Recommend approval of the project based on consistency with the CDG. An action
recommending approval of the application will be forwarded to the Community
Development Director for final action. This action may include recommendations for
conditions to address consistency with the CDG.
6.2 Continue the project. An action continuing the application should include direction to the
applicant and staff on pertinent issues, including identification of specific Community Design
Guidelines.
6.3 Recommend denial the project. An action denying the application should include findings
that cite the basis for the recommendation for denial and should reference inconsistency
with the General Plan, CDG, Zoning Regulations or other policy documents.
7.0 ATTACHMENTS
1. Project Plans
2. Setback Exhibits
Item 3
Packet Page 187
Item 3
Packet Page 188
Item 3
Packet Page 189
Item 3
Packet Page 190
Recommendation
Deny the appeal and uphold the Community
Development Director’s design review approval of the
single-family residential infill project in the Office (O),
subject to findings and conditions of approval.
Focus of Review
2
PC review due to:
Appeal of the Community Development Director’s
decision to approve project
PC Purview:
Review the project in terms of its consistency with the
General Plan, Zoning Regs, and applicable City
standards
Project Description
4
Three-story, single-family structure
3,732-square foot residence, with 800-square foot
accessory dwelling unit
5,826-square foot lot with no street frontage; accessed
by easement
590-square foot roof deck
Requested exception from setback standards
Appeal Issues
6
The appellant states four main concerns about the project:
The height, position, and roof deck of the structure violates
setback standards, and privacy and sound norms.
The design of the structure does not match existing structures.
Structure appears to support three functions; two separate
living spaces and that of office rental.
The structure is too large to be located adjacent to single-story
homes, especially a structure with a roof deck.
Appeal Response: setback, privacy & sound
11
Side and rear setback exception can be granted when:
Exception is minor in nature
Involving an insignificant portion of solar exposure
Majority of the building mass consistent with the setbacks.
ARC discussed privacy/noise concerns.
The ARC recommended noise reducing material along roof
deck.
Director’s approval requires noise and overlook reducing
materials and/or design modifications to the roof deck.
Appeal Response: Incompatible Design & Size
12
Primary materials are brick veneer and smooth troweled
stucco, similar to the structure to the east on Garden Street.
Massing is similar to Garden Street structure & historic
firehouse, which has two-and three-story vertical exterior
walls with minimal articulation.
The ARC specifically discussed compatibility and size;
found the project consistent with the CDG.
Appeal Response: Use of the Structure
13
The project includes rooms labeled office:
Can be used by the residents as a home office.
Can not be rented out as commercial office space.
Structure also includes an Accessory Dwelling Unit:
ADUs are considered accessory uses to residence.
ADUs are required to have a separate entrance.
ADU is consistent with City and State standards
Recommendation
Deny the appeal and uphold the Community
Development Director’s design review approval of the
single-family residential infill project in the Office (O),
subject to findings and conditions of approval.