HomeMy WebLinkAbout01-14-2015 PC Item 1 - 1108 Fletcher AvenueMeeting Date: January 14, 2015
Item Number: #1
2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Request to establish a 602-square-foot secondary dwelling unit in an existing structure
above of a detached three-car garage as a secondary dwelling unit, with a categorical exemption from
environmental review.
PROJECT ADDRESS: 1108 Fletcher Street BY: Kyle Bell, Planning Technician
Phone Number: 781-7524
e-mail: kbell@slocity.org
FILE NUMBER: USE-0424-2014 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) allowing a hobby room
conversion to a secondary dwelling unit that exceeds 450 square feet, subject to findings and
conditions.
SITE DATA
Applicant Russell and Helen Swanagon
Representative Oasis Associates, Inc.
Zoning R-1-PD, Low-Density Residential
General Plan Low-Density Residential
Site Area 12,191 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines Section 15303, which
allows conversion of existing small
structures from one use to
another where only minor
modifications are made in the
exterior of the structure.
SUMMARY
The applicant has requested to convert an existing hobby room with an office space into a secondary
dwelling unit. The existing two-story structure includes 602 square feet of floor area above a three-car
garage, which exceeds the current Zoning Regulation standard that limits secondary dwelling units to
450 square feet. The hobby room above the garage was permitted and approved in 1987 and the office
space within the hobby room was approved and constructed in 1999, prior to adoption of the 2007
Series Zoning Regulation Amendments (Ordinance No. 1500), which established the 450 square feet
of floor area maximum for accessory structures, guest quarters, and secondary dwelling units. The
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office is now a legal nonconforming structure. This approval would authorize the structure to be used
for habitable space independent from the main residence with a full kitchen.
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to review the project in terms of its consistency with the General
Plan, Zoning Regulations, and applicable City standards. In particular, the Planning Commission’s role
is to review the project’s consistency with Zoning Regulations Section 17.23.030.H (page 89) which
allows the Planning Commission to authorize secondary dwelling units which exceed 450 square feet
by Use Permit.
2.0 PROJECT INFORMATION
2.1 Site Information/Setting
Site Size 12,191 Square Feet
Present Use & Development Single-family residence with hobby room and office above garage
Topography Slopes downward from primary residence towards garage
Access Private driveway connected to Fletcher Street
Surrounding Use/Zoning North: R-1-PD (Single-family residential within Planned Development)
South: R-1 (Single-family residential)
East: R-1-PD (Single-family residential within Planned Development)
West: R-1-PD (Single-family residential with Planned Development)
Lot Coverage Existing: 15%
Allowed: 40%
The property is accessed from Fletcher Street via a private driveway that serves the applicant’s
home. The subject property supports a 2,024 square foot single-family residence (3 bedrooms), and
a 1,046 square foot three-car garage, including 2nd floor hobby/office room. All structures on the
property are two stories.
2.2 Project Description
The applicant is requesting to convert an existing 602-square-foot legal nonconforming
hobby/office room into a secondary dwelling unit (Attachment 3, Project Plans). The current
Zoning Regulations limit secondary dwelling units to 450 square feet unless a larger unit is
approved by Planning Commission Use Permit (as discussed in section 3.1 below). If granted, this
entitlement would allow the applicant to install a kitchen and use the structure as a secondary
dwelling unit that will be used in conjunction with the owner occupied primary residence.
Parking. The existing primary residence has a three-car garage and can support one additional
vehicle in the driveway to the side of the garage; four parking spaces are available on site. Three
parking spaces are required for the property; one space for the secondary dwelling unit and two
spaces for the main residence. Parking is adequate to accommodate the main residence and the
secondary dwelling unit.
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3.0 PROJECT ANALYSIS
3.1 Consistency with Zoning Regulations
The existing hobby room and office was approved prior to the 2007 Zoning Regulation
amendments that introduced a 450-square-foot size limit on accessory structures, guest houses and
secondary units. The amendments also clarified that the floor plan for a secondary dwelling unit
should be an open floor plan and meet the definition of a studio apartment. When the subject
office space within the hobby room was approved in 1999, there were no restrictions on square
footage or a required type of floor plan layout. The existing hobby room and office space became
nonconforming after adoption of the 2007 amendments.
While the subject structure does not meet the maximum square footage requirement or the specific
floor plan layout of a studio apartment, the findings (#1 and #2 below) can be made to authorize
an exception. Zoning Regulations Section 17.21.030 H provides instances in which a secondary
dwelling unit could exceed 450 square feet:
Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not
exceed four hundred fifty square feet and shall meet the definition of a studio apartment as
defined by Section 17.100. The Planning Commission may authorize exception to this standard by
use permit upon finding that:
1. The purpose of this chapter is served;
2. Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise; or (b) adversely affect an historic
or architecturally significant building. (Page 89)
Finding #1 - Purpose of Chapter. Finding #1 can be made because the purpose of Chapter 17.21
is substantially served. The proposed project meets all performance standards for secondary
dwelling units, except the size and floor plan layout, set forth by the Zoning Regulations (Section
17.21.040). Table 1 below summarizes the performance standards and indicates if each is met, not
met, or not applicable.
Table 1: Summary of Performance Standards - Secondary Dwelling Units
# Performance Standard Status
1 Secondary dwelling units shall conform to all applicable building and construction codes. Met
2
Nothing in this section prohibits applicants from requesting exceptions or variances from
the strict interpretation of Zoning Regulations to the extent allowed by said regulations for
any other use.
Exception
requested
3 Secondary dwelling units shall be designed as to provide separate living conditions and
provide a safe and convenient environment for the occupants. Met
4 Secondary dwelling units should also be architecturally and functionally compatible with the
primary residence. (Ord. 1004 1 (part), 1984; prior code 9930) Met
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# Performance Standard Status
5
The height of second units should be consistent with surrounding residential structures.
Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story
construction shall be setback from the first floor to allow for solar access and reduced
overlook.
Met
6
Site planning: Secondary dwelling units should be located behind or above the existing
dwelling on the site. Designs that significantly alter the street appearance of the existing
residence shall be discouraged.
Met
7
Private Open Space: A minimum of 250 square feet of private open space must be provided
for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for
the primary residence on the property.
Met
8 Significant alterations to landform or removal of native trees or significant landscape trees
shall be discouraged. Met
9
A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot
wide landscape planter with screening shrubs shall separate parking areas from adjacent
properties. Landscape shrubs and trees shall be required for areas between secondary unit
and adjacent properties
Met
10
Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1 parking
space, regardless of zoning district. Parking for secondary dwelling units may be provided in
tandem to allow one parking space in the driveway for the secondary dwelling unit.
Met
11
Alterations to designated historic properties or structures to allow new construction of a
secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic property.
N/A
The project is also consistent with Purpose “D” (Section 17.21.010) for secondary dwelling units
because the project expands housing opportunities for low-income and moderate-income or elderly
households by increasing the number of rental units available within existing neighborhoods.
Finding #2 – Compliance with Size Limitation. Finding #2 can be made because strict
compliance with the size limitation would require significant structural modifications (demolition
of nearly a third of the existing structure, and removal of existing permitted office) that would not
be required otherwise.
Approval of this project will allow for intensification of residential uses on the property; however,
the relatively large size of the parcel provides sufficient space and parking to accommodate a
secondary dwelling unit. The subject parcel (12,191 sq. ft.) exceeds the minimum lot size in the R-
1 zone (6,000 sq. ft.) by more than 100%. The Zoning Regulations allow for 450 square foot
secondary dwelling units to be constructed on 6,000 square foot parcels. While this proposal still
requires an exception to the code due to size of floor area, it is logical to allow a larger secondary
unit on a lot that is substantially larger than the required minimum. It must also be noted that on-
site structures cover only ~15% of the parcel (where the maximum lot coverage is 40% in the R-1
zone).
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3.2 Consistency with the General Plan
The project is also consistent with Housing Element Program 6.27 1 because it increases residential
density at an appropriate location (Program 6.27) and the incorporation of Assembly Bill 1866
(2003) which encourages creation of secondary dwelling units.
4.0 CONCLUSION
Staff recommends approval of the applicant’s proposal to allow the existing hobby/office space to be
modified into a secondary dwelling unit. The proposed secondary dwelling unit does not conform to
gross floor area and floor plan layout standards set forth by the Zoning Regulations, however, the
project is consistent with the General Plan and the use will not have a negative impact on surrounding
properties. The structure also meets all other performance standards for secondary dwelling units, as
defined in the Zoning Regulations. The project proposes minor exterior improvements with the
addition of a deck to meet the private open space requirement for a secondary dwelling unit and the
aesthetic appearance of the property will remain unchanged. The only additional change that would
occur with this approval is the future installation of a full kitchen.
For the reasons stated above, the proposal meets the findings for the Planning Commission to make an
exception to the secondary dwelling unit standards, as provided in Section 17.21.030 H of the Zoning
Regulations.
5.0 ALTERNATIVES
5.1 Continue the project with direction to the applicant and staff on pertinent issues.
5.2 Deny the project based on findings of inconsistency with the General Plan, Zoning
Regulations and applicable City policy.
6.0 ATTACHMENTS
1. Draft Resolution
2. Vicinity Map
3. Project Plans
4. Site Photos
1 General Plan Housing Element Program 6.27: To help meet the Quantified Objectives, the City will support residential
infill development and promote higher residential density where appropriate.
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Attachment 1
RESOLUTION NO. PC-XXXX-15
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A SECONDARY DWELLING UNIT EXCEEDING 450 SQUARE FEET
WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS
REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND
ATTACHMENTS DATED JANUARY 14, 2015
(1108 FLETCHER STREET USE-0424-2014)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
January 14, 2015, pursuant to a proceeding instituted under USE-0424-2014, Russell & Helen
Swanagon, applicants.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
1. The secondary dwelling unit conforms to property development standards of the Zoning
Regulations including allowable zone, height, yards, parking, and building coverage.
2. The secondary dwelling unit is architecturally and functionally compatible with the primary
unit. The structure incorporates the traditional architectural characteristics of existing
houses in the neighborhood.
3. Strict compliance with the size limitation (450 sq. ft.) and a studio room layout would
require significant structural modifications that would not be required otherwise.
4. The secondary dwelling unit will have direct access to a total of 316 square feet of private
open space.
5. The secondary dwelling unit will have access to separate, dedicated parking spaces that
will allow direct and convenient access to the unit.
6. As conditioned, the project’s proposed use is consistent with the General Plan (Housing
Element Program 6.27), which encourages higher residential density where appropriate.
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Planning Commission Resolution No. PC-XXXX-15 Attachment 1
USE-0424-2014 (1108 Fletcher Street)
Page 2
7. Due to the large size of the parcel and the fact that the subject structure already exists on
the property (as a hobby room), the proposal would not negatively impact adjacent
properties and the neighborhood.
Environmental Review. Categorically exempt under Class 3 (New Construction or Conversion
of Small Structures) of the CEQA guidelines because the project includes the conversion of
existing small structures from one use to another where only minor modifications are made in the
exterior of the structure.
Action. The Planning Commission does hereby approve application USE-0424-2014 subject to
the following conditions:
Planning Department
1. A building plan check submittal that is in full conformance with submitted project plans
and project description, and incorporating 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. Reference shall be made in the margin
of listed items as to where in plans requirements are addressed.
2. Pursuant to Section 17.21.030 of the City of San Luis Obispo Municipal Code, either the
primary unit or secondary unit must be owner occupied at all times as the owner’s
primary residence. A “Conditions of Use for Secondary Unit” agreement shall be
recorded prior to occupancy of the SDU to ensure compliance with this requirement. If
owner occupancy ceases, the use of the second unit will terminate and the structure can
no longer be used as an independent dwelling unit.
3. As shown in the Planning submittal, plans submitted for a building permit shall clearly
indicate a parking plan, showing designated parking spaces for both the secondary
dwelling unit and existing single-family residence.
4. Plans submitted for a building permit shall include a final landscaping plan, including
irrigation details. 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.
5. This Use Permit shall be reviewed at a Planning Commission hearing if the City receives
substantiated written complaints from any citizen, Code Enforcement Officer, or Police
Department employee, which includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of
the Use Permit review, to insure on-going compatibility of the uses on the project site,
conditions of approval may be added, deleted, modified, or the Use Permit may be
revoked.
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Planning Commission Resolution No. PC-XXXX-15 Attachment 1
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Page 3
6. 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."
Engineering Division
7. The conversion of the permitted office to a dwelling unit will require that the entire
structure be upgraded with a residential fire sprinkler system. A separate water meter
will be required to serve the new unit. The existing service shall be shown to comply
with City Engineering Standards and the approved fire sprinkler plans. Otherwise, the
existing water service shall be upgraded to provide a meter manifold per City
Engineering Standards #6210 and #6260 to provide a separate water meter to serve the
existing residence and new unit.
8. Street trees may be required as a condition of the building permit. Two 15-gallon street
trees are required per City Engineering Standards. The original construction included
two trees. The City Arborist may approve existing trees in good health to satisfy some or
all of the requirement for two trees.
9. The existing driveway approach shall be upgraded to comply with ADA and City
Engineering Standards. The current standard requires a 4’ sidewalk extension behind the
existing approach (apron). The sidewalk extension shall be constructed with a maximum
cross slope of 2%. An adverse slope may be supported if needed to conform to the
existing on-site driveway to remain.
Utilities Department
10. As the proposed dwelling unit exceeds 450 square feet, it shall be charged the water and
wastewater impact fee for a multi-family unit.
11. The proposed dwelling unit shall be separately metered from the existing single family
dwelling unit.
12. The property’s existing sewer lateral to the point of connection at the City main must
pass a video inspection, including repair or replacement, as part of the project. The
CCTV inspection shall be submitted during the Building Permit Review Process for
review and approval by the Utilities Department prior to issuance of a Building Permit.
Fire Department
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Planning Commission Resolution No. PC-XXXX-15 Attachment 1
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13. An NFPA 13-D fire sprinkler system will be required for Secondary Dwelling Unit
inclusive of existing garage underneath.
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 14th day of January, 2015.
_____________________________
Doug Davidson, Secretary
Planning Commission
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Attachment 2
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