HomeMy WebLinkAbout_ARCH-0457-2024_Decision Letter (Dec 19 2024)City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org
December 19, 2024
Paul Abbott
3590 Broad St
Suite 130
San Luis Obispo CA 93401
SUBJECT: ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Architectural Review of three single-family dwellings in Enclave at Righetti
(Lots 23, 24, AND 34), including requests for rear setback reduction and
exceptions to height limits for walls, fences, and hedges
Dear Mr. Abbot:
On December 19, 2024, I reviewed your Architectural Review application regarding the
construction of three single-family dwellings in the Enclave at Righetti, at 1429 Parsons Way
(Lot 23), 1424 Hansen Lane (Lot 23), and 1469 Hansen Lane (Lot 34), including a reduction
of the rear setback standard to between 11 and 14 feet (where the standard is 20 feet) for a
limited portion of the dwelling on Lot 24, a reduction in the front yard setback standard to
15 feet for a side-loaded garage on Lot 23 (where the standard is 20 feet), and exceptions from
height limits for walls and fences to allow combined height of retaining walls and privacy
fencing up to 9 feet along certain portions of property boundaries (where the standard is
6 feet). After careful consideration, I have approved the application, based on findings and
subject to the following conditions:
Findings:
1. The proposed project is consistent with the policies and goals of the City’s General Plan
and with the Orcutt Area Specific Plan. It promotes policies related to residential project
objectives (Land Use Element Policy 2.3.11). Privacy, useable outdoor area, views, and
adequate parking and storage space are features of the proposed residential building
program. Front yards and street-facing entryways facilitating neighborhood interaction
are encouraged by the Orcutt Area Specific Plan and have been incorporated into the
design of the proposed homes.
2. A minor reduction in the rear yard setback for the dwelling proposed for Lot 24 is
consistent with the intent of the Zoning Regulations and development standards set out
in the Orcutt Area Specific Plan for residential development. Encroachment into the 20-
foot rear setback is limited to between 6 and 9 feet, and 125 square feet in area, for a
single-story portion of the dwelling. The setback reduction provides adequate
consideration of potential adverse impacts on surrounding properties, as solar exposure
and privacy will not be significantly reduced for any neighboring properties
ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Page 2
3. A minor reduction of 5 feet from the 20-foot front setback standard for garages set out
in the Orcutt Area Specific Plan, to accommodate the garage for the dwelling on Lot 23
is consistent with the intent of the Zoning Regulations and development standards set
out in the Orcutt Area Specific Plan for residential development. The setback reduction
provides adequate consideration of potential adverse impacts on surrounding properties,
as the garage is of a “side-loaded” configuration (rather than taking access directly from
the street) and aligned parallel to the street frontage at the 15-foot front setback
applicable to houses within the development.
4. A minor exception from height limits for fences, walls, and hedged to allow combined
retaining wall and fence height up to nine feet (where the standard height limit is six
feet) in limited portions of property boundaries is consistent with the intent of the Zoning
Regulations and development standards set out in the Orcutt Area Specific Plan for
residential development. The excess height is necessary due to the sloped topography
and grade change at the boundary between certain properties.
5. The minor building encroachment into a rear yard setback, front setback reduction for
one garage, and exceptions from height limits for fences, walls, and hedges are
consistent with the character of the neighborhood. Similar minor setback encroachments
for limited portions of dwellings have been employed in several other lots within the
vicinity to address constraints arising from unusual lot shape and topography. The side-
loaded garage on Lot 23 is set back 15 feet from the street frontage, consistent with
setbacks for house structures in the development, and oriented perpendicular to the street
frontage to present a building wall, rather than the garage doors, to view from the street.
At the three specific boundary areas identified in the applicant’s Exception statement,
the “low side” of the retaining walls and adjacent privacy fencing is located on the
subject properties and the excess height will not be perceived from neighboring property
The 9-foot combined maximum height in these areas is consistent with maximum
standards established in Zoning Regulations (§17.70.070(F)(3)) for certain cases
involving fencing installed on retaining walls.
6. While circumstances related to lot shape and topography make strict adherence to the
certain standards impractical for the siting of the dwelling on Lot 24, siting of the garage
on Lot 23, and placement of fencing at three portions of property boundaries, the project
nonetheless conforms with the intent of Zoning Regulations and the Specific Plan. Siting
of the dwelling on Lot 24 is constrained by an unusual lot shape and the depth of the
rear setback standard set out in the Orcutt Area Specific Plan (four times the normal
setback standard of the City’s Zoning Regulations). Siting of the garage for the dwelling
on Lot 23 is similarly constrained by an unusual lot shape, along with a curving street
frontage. Sloped topography and grade changes between Lots 23 and 21, between
Lots 24 and 22, and between Lots 34 and 33 constrain placement of retaining walls and
fencing between these properties. The limited amount of setback encroachment by
single-story structure, alignment of a side-loaded garage with the prevailing front
setbacks for houses in the development, and limited excess wall and fence height
nonetheless provide privacy, air circulation, views, and exposure to sunlight, consistent
with the intent of standards for setbacks and fence and wall height.
7. The architectural styles of the proposed dwellings are consistent with Community
Design Guidelines for residential development and with the Design Guidelines
ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Page 3
described in the Orcutt Area Specific Plan. Farmhouse and Modern plan styles are
employed, providing variation within the general residential theme. The architectural
styles are complementary to the surrounding neighborhood including site design,
roofing style, covered entries, balconies, siding materials, finish, and scale. The project
design incorporates articulation, massing, and a mix of color and finish materials that
are compatible with the neighborhood and complementary to other development within
the vicinity.
8. On December 16, 2024, the Architectural Review Commission found the project
consistent with applicable design standards and guidelines.
9. The project is consistent with the Certified Final Environmental Impact Report (EIR)
for the Orcutt Area Specific Plan and adopted Mitigated Negative Declaration (MND)
for Righetti Vesting Tentative Tract Map #3063. The siting and design of the proposed
dwellings follow the guidelines provided in the Orcutt Area Specific Plan, with minor
exceptions, and construction of the dwellings would not result in any new impacts
beyond what was identified in the previous environmental documents, and is subject to
the Mitigation Monitoring and Reporting Program adopted with the certified EIR and
adopted MND.
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. Conformance to prior approvals. The project shall comply with conditions established
under City Council Resolutions 10618 (2015 Series) and 10619 (2015 Series).
2. Compliance with approved plans. Final project design and construction drawings
submitted for a building permit shall be in substantial compliance with the plans
approved under this application. 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 (typically 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.
3. Limited setback reduction. Final plans submitted for construction permits to complete
the project shall clearly indicate all setback dimensions. Reductions in rear setback
standards shall be limited to the single-story elements of the dwelling proposed to be
constructed on Lot 24, and reduction of the front setback shall be limited to the garage
structure for Lot 23, as described in the Exception Statement and depicted in Project
Plans submitted with this application.
4. Limited fence and wall height exception. Final plans submitted construction permits to
complete the project shall clearly indicate the location, extent, and height of all fences
and walls. Authorization of excess fence and wall height is limited to those areas
described in the Exception Statement and depicted in Project Plans submitted with this
ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Page 4
application, where the combined height of retaining walls and fences ranges between six
and nine feet. Fencing installed within the setback areas under this exception shall be of
wood material and of a conventional design consistent with the residential character of
the site and vicinity.
5. Fencing design. Plans submitted for construction permits to complete this project shall
include elevation and detail drawings of all walls and fences. All proposed fences and
retaining walls shall be of high-quality materials. All fencing facing the public right-of-
way shall be constructed with the finished side of the fence facing the public right-of-
way. For the lifetime of the fence, the owner shall conduct all necessary repairs and
maintenance to ensure the fence and associated landscaping (between the fence and the
property line) remain in a high-quality and orderly condition.
6. Colors and materials. Plans submitted for construction permits to complete the project
shall call out the colors and materials of all proposed building surfaces and other
improvements. Colors and materials shall be consistent with colors and materials
depicted in plans submitted with the Architectural Review application. The applicant
shall note the texture (use of smooth or sand finish) and appearance of stucco materials
on the building plans to the satisfaction of the Community Development Director.
7. Lighting. 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 cutsheets 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 Zoning
Regulations Section 17.70.100 (Lighting and Night Sky Preservation).
8. Equipment screening. All ducts, meters, air conditioning equipment, and all other
mechanical equipment, whether on the ground, on the structure or elsewhere, shall be
screened from public view with materials architecturally compatible with the main
structure. Public view includes the existing views from all public streets and sidewalks.
Gas and electric meters, electric transformers, and large water piping systems (backflow
prevention devices) shall be completely screened from public view with approved
architectural features and/or landscape plantings and/or placed in the interior of the
structure.
Utilities
9. Plans submitted for construction permits to complete the project shall include final
landscape and irrigation plans for each lot. Landscape and irrigation plans shall be
subject to review and approval by the Utilities Department.
10. Tract landscaping fronting Lots 23 and 34 is not irrigated by recycled water. Plans for
the project shall be corrected accordingly.
11. Plans submitted for construction permits to complete the project shall depict a backflow
preventor on all potable water connections. This is required due to the presence of
adjacent recycled water-irrigated landscape areas.
ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Page 5
Indemnification
12. 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 City shall fully
cooperate in the defense against an Indemnified Claim."
Code Compliance Notes:
Engineering
1. Plans submitted for construction permits to complete the project must include a complete
site, grading, drainage, landscape, and utility plan for reference. The plans shall show
and label all existing property lines, easements, and existing improvements along with
any proposed changes. The plan shall honor all existing easements and improvements
unless otherwise specifically approved by the Community Development Department.
2. The grading and drainage plan must show and note compliance with Post Construction
Stormwater Regulations as approved for the subdivision and in conjunction with
subdivision improvement plan approval unless the supporting documentation is revised
to show a different compliance strategy for applicable Performance Requirements.
My action is final unless appealed within 10 calendar days of the date of the decision. Anyone
may appeal the action by submitting a letter to the Community Development Department
within the time specified. The appropriate appeal fee must accompany the appeal
documentation. Appeals will be scheduled for the first available Architectural Review
Commission meeting date. If an appeal is filed, you will be notified by mail of the date and
time of the hearing.
The Community Development Director’s approval of this project will automatically expire in
one year, unless plans for a building permit have been submitted, or unless a different
expiration date or unlimited expiration is stipulated at the time of approval, per Municipal
Code section 2.48.070. On request, the Community Development Director may grant a single,
one-year extension, provided, that approval not exceed a maximum of two years from the date
of original approval.
If you have any questions, or if you need additional information, please contact Walter Oetzell,
Assistant Planner at (805) 781-7593.
Sincerely,
Brian Leveille
Principal Planner
Community Development
ARCH-0457-2024 (Enclave at Righetti, Lots 23, 24, & 34)
Page 6
cc: Architectural Review Commission Chair
County of SLO Assessor’s Office
Property Owner
Emadzadeh Family Trust
369 Mesa Way
San Luis Obispo CA 93401