HomeMy WebLinkAbout2022-06-24 FNCE-0130-2021 (1464 Gulf) - Approval LetterCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org
June 24, 2022
Emily Ewer
Oasis Associates
3427 Miguelito Court,
San Luis Obispo, CA 93401
Subject: FNCE-0130-2021 (1464 Gulf Street)
Review of a fence height exception request to allow a side yard fence and wall with a
combined height of 7 feet-9 inches along the sidewalk where the property line is
located 3 inches from the sidewalk and where a fence or wall height of 3 feet is the
standard height for this location, as well as a request to allow a front yard fence with
a height of 6 feet-5 inches at the northern corner where a fence height of 5 feet-7
inches is the standard height for this location. This project is categorically exempt
from environmental review (CEQA).
Dear Ms. Ewer,
On June 24, 2022, I reviewed your request for a fence height exception for an as-built, unpermitted
retaining wall and fence on a corner lot where Lakeview Street is located along the side of the
property and Gulf Street is located along the front of the property, to allow:
A. Request to allow the following fence height exceptions:
1. Request to allow a side yard fence and wall with a combined height of 7 feet-9 inches
along the sidewalk where the property line is located 3 inches from the sidewalk and
where a fence or wall height of 3 feet is the standard height for this location.
2. Request to allow a front yard fence with a height of 6 feet-5 inches at the northern
corner where a fence height of 5 feet-7 inches is the standard height for this location.
B. Request issuance of an encroachment permit for a block wall located at the back of
sidewalk, 3 inches within the public right-of-way.
C. Request of determination of acceptable intersection visibility.
After careful consideration, I have approved your requests as modified and as specified below.
Findings
Request A
As conditioned, I have approved a modification to Request A.1 to allow a side yard fence and wall
with a combined height of 6 feet (instead of 7 feet-9 inches) along the sidewalk based on the
following findings, and I have approved Request A.2 to allow a front yard fence with a height of
6 feet-5 inches at the northern corner based on the following findings.
FNCE-0130-2021
1464 Gulf Street
Page 2
1. As conditioned, the proposed exceptions are consistent with the intent of Section 17.70.070
(Fences, Walls, and Hedges) of the Zoning Regulations. The side yard combined fence and
wall achieves a balance between providing additional privacy for the side yard while
enhancing the streetscape with a well-designed wall and fence, conditioned to have a
maximum combined height of 6 feet to reduce the visual impact to the streetscape. The
front yard fence provides a visual enhancement to the streetscape and the project is
conditioned to require landscaping to be planted between the fence and the sidewalk to
further enhance the appearance from the street.
2. The proposed exceptions are consistent with the City’s Community Design Guidelines
Section 6.1(B) for fences and walls. The side yard fence and wall and front yard fence
consists of quality materials and relates well to building architecture and site topography.
3. As conditioned, the proposed exceptions are consistent with the character of the
neighborhood because other properties in the neighborhood also have 6 foot tall fencing in
close proximity to the sidewalk to provide safety, security, and screening from the street,
as well as front yard fences with similar heights and setbacks as the subject property.
4. As conditioned, the proposed exceptions provide adequate consideration of and measures
to address any potential adverse effects on surrounding properties because the side yard
wall and fence will be conditioned to have a maximum height of 6 feet which will reduce
visual impacts to the streetscape, and City Transportation staff has verified that the location
and existing height of the front yard fence corner does not infringe upon required line of
sight for pedestrian and vehicle safety.
5. While site characteristics make strict adherence to the Zoning Regulations impractical,
such as the property’s slope necessitating a 1 foot-9 inch retaining wall to create a usable
side yard, the project nonetheless conforms with the intent of these regulations and no
public purpose would be served by strict adherence with the Zoning Regulations.
6. The project is categorically exempt under Class 3 (New Construction or Conversion of
Small Structures) of Section 15303 in the State CEQA Guidelines because fences are small
structures and granting of the fence height exception does not constitute a change or
intensification of the existing residential use and the project will not result in significant
impacts to the environment.
Request B
7. The Public Works Department has approved your request for an encroachment agreement
subject to the conditions of this approval letter.
Request C
8. City Transportation staff conducted a site visit on April 19, 2021 and again on March 4,
2022 and verified that the northern corner of the front fence closest to the intersection of
Gulf Street and Lakeview Street does not impede intersection sight distance per City
Engineering Standards.
FNCE-0130-2021
1464 Gulf Street
Page 3
Conditions:
Planning Division
1. The fence height exceptions granted are subject to the conditions specified below and are
limited to the exceptions described in this letter and depicted on submitted plans. Any
future modification to the height, placement, extent, or design of the walls and fences shall
be subject to the review and approval of the Community Development Director.
2. The existing side yard fence shall be reduced in height such that the combined height of
the fence and wall shall not exceed six feet as measured from the lower side of the wall
adjacent to the sidewalk, subject to the satisfaction of the Community Development
Director. The side yard fence shall be reduced in height within 90 days of the date of this
action letter.
3. All walls and fences on the property shall comply with the City’s fence height regulations
specified in Zoning Regulations Section 17.70.070, with the exception of the approved
fence height exceptions specified in this letter.
4. The property owner shall plant and maintain landscaping between the front yard fence and
the sidewalk to soften the appearance of the fence from the street, subject to the approval
of the Community Development Director.
Engineering Division
5. An encroachment permit submittal in substantial conformance with the conditions of approval
described in this letter shall be submitted for review and approval by the Engineering Division.
6. A site plan showing grading and drainage shall be required as part of the encroachment permit
submittal. The site plan shall depict the gravel slope bank leading to the rear yard and the side
yard gate and shall provide details regarding on-site retainment of gravel sufficient to
demonstrate that gravel will not migrate onto the public sidewalk and public right-of-way.
The final paving material shall be review and approved, subject to the satisfaction of the
Engineering Division.
7. The site plan submitted for the encroachment permit shall show all existing and proposed
street trees and shall identify the diameter and species of all trees. Street trees are required as
a condition of the permit at the rate of one 15-gallon tree per 35 linear feet of frontage or
fraction thereof. The site plan and street tree plantings shall demonstrate compliance with the
City’s street tree planting requirements, subject to the satisfaction of the City Arborist.
8. The proposed encroachment into the right-of-way has been endorsed by the City Engineer
contingent upon the recordation of a Temporary Encroachment Agreement for the retaining
wall within the public right-of-way. The agreement shall be recorded on a form provided by
the City prior to encroachment permit issuance. The applicant shall provide current ownership
information and a legal description (grant deed or recent title report) so that the agreement can
be prepared.
FNCE-0130-2021
1464 Gulf Street
Page 4
Indemnification
9. 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.
My decision is final unless appealed to the Planning Commission within 10 days of this action. Any
person aggrieved by this decision may file an appeal. Appeal forms are available on the City’s website
and at the public counter in the Community Development Department. The appropriate appeal fee
must accompany the appeal documentation. Appeals will be scheduled for the first available Planning
Commission meeting date.
If you have any questions, or if you need additional information, please contact Assistant Planner
Graham Bultema by phone at (805) 781-7111 or by email at gbultema@slocity.org.
Sincerely,
Tyler Corey
Deputy Director
Community Development
CC:
Jonathan Olcott
1464 Gulf Street,
San Luis Obispo, CA 93405