HomeMy WebLinkAbout04/04/1989, 7 - TWO APPEALS OF A PLANNING COMMISSION ACTION APPROVING A USE PERMIT TO ALLOW CHANGES TO A NON-CONFOR pI�I'INIew Staff Report - 1ttachments from 3/21/89 Council -rleeting.
4�Iry�I�III18IlII��Illlu'��IIIIIII city of San Luis OBI SPO MEETING DATE
uu 4-4-89
A COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Michael Multari, Community Development Director; PREPARED BY: Jeff Hook
SUBJECT: Two appeals of a Planning Commission action approving a use permit to
allow changes to a non-conforming structure, and to allow combined
office and residential uses at 1117 and 1119 Marsh Street.
CAO RECOMMENDATION:
Adopt resolution which: 1) Denies both appeals, and 2) Upholds the
Planning Commission's action to approve Use Permit A 138-88 with the
same findings and conditions.
BACKGROUND
At the council's March 21st hearing this item was continued for a quorum. Councilmembers
Pinard and Rappa supported the CAO recommendation to deny both appeals; Mayor Dunin
wanted to uphold the Kardel appeal and deny the Olsen appeal. At the hearing, Mr.
Olsen's representative said that they were willing to withdraw their appeal and agree to
the requirement for off-site parking. Mr. Kardel still wishes to pursue the appeal.
The applicant wants to covert a triplex apartment to a small office with a separate, but
adjacent two-bedroom apartment, without providing any on-site parking. The site is zoned
for offices; however a use-permit is required to allow combined office and residential
uses in the O zone. Key issues with this request are parking, historic preservation, and
consistency with city housing policies. The structure is about 100 years old, and
doesn't meet parking and setback requirements. Originally a single-family house, the
structure's conversion to apartments predates zoning regulations. It has been remodelled
several times over the years for that use. Due to its age and architectural design, the
house is included in the City's Master List of Historic Resources. To provide any
parking on-site, part of the house would have to be removed. Commissioners voiced
concerns with the loss of two apartments near downtown.
On January 6th, the Hearing Officer approved a conditional use permit to allow conversion
of a triplex to an office and apartment (minutes attached). A neighbor, Peter Kardel,
than appealed that decision. At its February 8th meeting, the Planning Commission denied
the appeal and approved the use permit with one amended condition and one added condition
requiring two offsite parking spaces. Both the applicant, Mr. Olsen, and Mr. Kardel
appealed the commission's action. In 1981, the Planning Commission denied a variance
request to allow no parking where six spaces were required (minutes attached).
SIGNIFICANT IMPACTS
The proposed use change is categorically exempt under the CEQA and the City's
Environmental Guidelines. No increase in floor area is proposed, and the existing and
proposed uses are similar in terms of parking, traffic generation, noise, water use, and
visual impacts. No significant environmental or fiscal impacts are likely as a result of
this project.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION
If the council denies the appeals, the commission's action allowing the office/apartment
combination will stand -- including the required two off-site parking spaces. If Mr.
Kardel's appeal is upheld, the use permit is denied, and the triplex will stay as is.
Staff Report
i
Page 2
Data Summary
Applicant/Property Owner: Jon Olsen
Appellant: Peter M Kardel
Zoning: O
General Plan: Offices
Environmental Status: Categorically exempt (CEQA Section 15303)
Site Description
Rectangular lot adjacent to San Luis Obispo Creek, covering about 5,700 square feet (0.13
acre). The lot slopes gently down to the creek at the rear of the property, and is
bordered by offices and a private parking lot on the adjacent sides, houses and
apartments across the creek, and offices and other commercial uses across Marsh Street.
Mature landscaping, including several medium-sized trees, surrounds the house. The
neighborhood consists mainly of offices, and is located near downtown's southeast edge.
ADVISORY BODY RECOMMENDATION
At its February 8th meeting, the Planning Commission voted 6:1 (Roalman) to deny the
appeal of the Hearing Officer's decision. Commissioners amended condition #5 to require
an open space easement along with easements for public creek access, creek maintenance
and improvement, and drainage. Condition #9 was added, requiring that two off-site
parking spaces be provided for the use, to the approval of the Community Development
Director.
Commissioners voiced concerns with the loss of housing close to downtown, but most
commissioners felt the combined office/apartment use would reduce parking impacts in the
neighborhood. They felt the proposed use was appropriate at this location, and did not
support modifying the historic building to provide on-site parking. Commr. Roalman was
concerned with the loss of the two apartment units, and opposed the use change.
EVALUATION
Proiect Descriotion
The applicant owns a 1835 square foot, one-story frame house which was originally built
in the late 1800's. The house's conversion to apartments predates city zoning laws, and
it appears to have been remodelled several times over the years for that use. It has two
1-bedroom apartments, and one 2-bedroom apartment. Mr. Olsen would like to convert the
two I-bedroom units (II19A Marsh Street = 493 s.f., II19B Marsh Street = 507 s.f.) into a
single 1000 s.f. office, and retaining the adjoining 2-bedroom unit. The building's
interior and exterior would be remodeled, maintaining its historical character, and the
building brought up to current construction codes.
The structure is legal non-conforming since it does not meet density, setback, and
parking requirements. Density standards allow one density unit on the site (one
2-bedroom or 2 studio apartments), and 2.32 density units exist. With the conversion,
the new use would meet density standards.
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AONG@ COUNCIL ACENOA REPOW
Staff Report
Page 3
A five-foot setback is required along the northeast property line, and a four-foot
setback exists. Five off-street parking spaces are required for the current use, and no
parking is provided. There is a small rear yard between the top of the creek bank and
the units which could accommodate up to three parking spaces. However due to the site's
narrow side yards, there is not enough room to extend a driveway to the rear of the lot.
To extend a driveway to the rear yard would require removal of at least six feet of
building on one side; or to secure a common driveway easement over an adjacent property.
Considering its age and historical status, the applicant does not want to alter the
100-year old building. It is listed on the City's Master List of Historic Resources, and
city policies discourage the removal or major alteration of historic buildings.
According to the applicant, repeated efforts to secure access easements from the adjacent
property owners (Peter Kardel and Rod Levin, et. al.) have not been fruitful.
Basis for Mr. Kardel's Anneal
The appellant objects to the project on the grounds that: 1) the conversion will
increase the need for daytime parking in an area where parking is already impacted; and
2) approval of the conversion will lead to.parking conflicts between neighbors (appeal
letter attached).
Basis for Mr. Olsen's Anneal
The applicant objects to the requirement for two off-site parking spaces, and requests
that the council approve the use permit but delete condition #9. He believes that since.
the existing uses have not impacted the neighborhood, and that the new uses should have
similar or less severe parking effects.
Discussion
Zoning Regulations allow the conversion of a non-conforming use to another, provided that
the new use has similar or less severe impacts on its surroundings in terms of parking,
traffic, noise, hours, and esthetics. The existing and proposed uses appear similar in
terms of their parking, traffic and noise impacts. Parking requirements are
summarized below:
Existing Uses Parkina Required
Two-bedroom apartment 2
2 One-bedroom apartments 2 @ 1.5 spaces) 3
TOTAL 5 spaces
Proposed Uses Parkina Required
Two-bedroom apartment 2
I
Office (1000 s.f. @ 1 space/300 s.f.) 3
TOTAL 5 spaces
'�� uul�llll�pli city of San Luis OBlspo
Me COUNCIL AGENOA REPORT
Staff Report
Page 4
The applicant intends to limit office floor area to 1000 square feet (plus 150 square
feet for non-habitable storage and breezeway space), and city parking standards do not
require any additional parking for the new office/apartment use. There is space to
provide bicyle parking, and condition #6 requires at least six bicycle parking spaces be
provided on site at all times. Historically, the apartments have been rented to
students. The duration and timing of parking for a small office and apartment are not
likely to vary significantly from the previous use. Parking violations would be handled
on a case-by-cased basis by the Police Department. Cars parked illegally on adjacent
properties may be towed away at the owner's expense under State vehicle codes.
One option is the use of off-site parking. Limited, temporary off-site parking may be
available in the large parking lot across Marsh Street which serves offices at 1160 Marsh
Street (former French Hospital). Typically, off-site parking must be located within 300
ft. of the use, and secured for at least three years. The applicant has received
tentative commitments for one or two spaces nearby, on a month-to-month basis. Mr. Olsen
is concerned that in the future, the off-site parking may no longer be available, and
prefers to tailor the uses and floor areas so that the parking requirement does not
increase, rather than lease temporary parking.
Traffic
Based on Institute of Transportation Engineer's figures, the current use generates about
35 vehicle trips per day. The proposed use would generate slightly less traffic -- about
27 vehicle trips per day. This represents less than 1% of the average weekday traffic
volume on this section of Marsh Street.
Noise
Neither current nor proposed uses pose noise problems. The Noise Element indicates that
the site is exposed to traffic noise of 63 decibels (Ldn); and the normally acceptable
exposure limit is 60 decibels for apartments and 75 decibels for offices. Noise does no
seem to be a significant factor since the three apartments have historically been exposed
to slightly higher than normal traffic noise, and the more critical interior noise limit
of 45 decibels can be met for either use with conventional construction methods.
Housing
The city's housing policies generally discourage the conversion of housing to
non-residential uses, particularly when the property is equally suited to either use.
This site is not within the downtown C-C zone, and therefore, is not covered by the
Downtown Housing Conversion Ordinance. However some commissioners felt that due to the
site's proximity to downtown, city policies should favor preservation of affordable
housing over offices in this instance.
Staff agrees with the majority of commissioners who felt that in balance, the proposed
use was more compatible with the neighborhood than the current use; moreover, that the
loss of two apartments would not significantly impact the city's housing stock. The loss
of two apartments represents about a 0.02 percent reduction in the city's multifamily
housing stock. Historically, the city's "R-O" zone, and the later P-O and O zones were
intended to allow offices and dwellings to coexist, where appropriate. This has happened
in several areas, including Higuera Street east of Johnson, and in the Mill/Peach/Walnut
aw O� sari lues OBISPO
Main COUNCIL AGENDA REPOFM
Staff Report
Page 5
Street area. Along Marsh Street, an arterial street, most of the block between
Santa Rosa and Johnson Streets consists of offices and related commercial uses. In the
office zone, dwellings are generally more appropriate where located on local streets with
lower traffic volumes and less noise; and where there the neighborhood's predominant
character is residential.
Building Improvements
The applicant intends to install handicapped accessible entries and restrooms, and make
other necessary code improvements. Building staff believes access can be provided by
ramping from the public sidewalk to a remodeled entry at the rear of the building. The
building would also be cleaned and repainted, inside and out, and re-landscaped to
upgrade its appearance. A trash enclosure would also be installed to serve the new use.
Creek Easements
City administrative policies call for an offer of dedication of public access and open
space easements where a site may provide a link in an urban trail system. To retain the
future option of a trail at the rear of this creekside property, condition #5 requires an
offer of dedication for public access and open space within 20 feet of top of bank, in
addition to the usual Public Works requests for an easement for drainage, and to allow
creek maintenance and improvements. The applicant does not object to this requirement.
-- ALTERNATIVES
1. Uphold the Planning Commission's action and approve the use permit, with or
without a requirement for off-site parking, Exhibit A.
2. Uphold the appeal and deny the use permit subject to appropriate findings,
Exhibit B.
3. Continue the item.
RECOMMENDATION
Adopt the attached resolution, Exhibit A, which denies both appeals and upholds the
Planning Commission's action approving Administrative Use Permit A 138-88, subject to the
same findings and conditions listed in the commission's action.
ATTACHMENTS
-Resolution approving Use Permit, Exhibit "A"
-Resolution denying Use Permit, Exhibit "B"
-Vicinity Map
-Appellants' Letters
-Planning Commission Resolution
-Historical Survey Data
-Administrative and Planning Commission Minutes
S "
jh2/a138-88
_ Exhibit A
ORESOLUTION NO. (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING TWO APPEALS AND UPHOLDING THE PLANNING COMMISSION'S
ACTION APPROVING ADMINISTRATIVE USE PERMIT A 138-88 LOCATED
AT 1117-1119 MARSH STREET
WHEREAS, the Hearing Officer considered the proposed conversion of a triplex
apartment to an office and two-bedroom apartment on January 6, 1989, and. approved an
administrative use permit. A 138-88 after considering applicant and public testimony,
staff report, and other pertinent information; and
WHEREAS, that decision was appealed by Peter M. Kardel, a neighbor of the
proposed project, and on February 8, 1989, after considering the Hearing Officer's
action, applicant and public testimony, and the staff recommendation, the commission
denied the appeal and approved the. use permit subject to five findings, one amended
condition and one added condition; and
WHEREAS, the commission's decision was appeal by .Jon Olsen and Peter M. Kardel
and on March 21, 1989, the City Council of the City of San Luis Obispo conducted a public
hearing on the appeal and reviewed relevant evidence and testimony;
NOW, THEREFORE, the Council resolves to take the following action:
QSECTION 1. After City Council review and consideration, the Community
Development Director's determination that the project is categorically exempt under CEQA
requirements is hereby affirmed.
SECTION 2. The appeals filed by Jon Olsen and Peter M. Kardel are hereby denied
and the.Planning Commission's action approving Administrative Use Permit A 138-88 is
hereby upheld, subject to the findings and conditions listed in the attached Exhibit A-1.
On motion of seconded by
and on the following roll call vote:
.AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989..
Mayor
ATTEST:
City Clerk /
CO
Council Resolution No. (1989 Series)
Page 2
APPROVED:
Jo Dunn, City Administrative Officer
D
Vicky inuncane, Acting City Attorney
w
P
�`chael Mto i, Community Development Director
7.,- 7
EXHIBIT A~1
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 4080-89
WHEREAS, the Planning Commission of the City of San Luis Obispo
did conduct a public hearing in the City Council Chambers of the San
Luis Obispo City Hall, San Luis Obispo, California on February 8,
1989, pursuant to a proceeding instituted under application No. A
138-88 by Jon. Olsen, applicant.
USE PERMIT AMENDED:
To allow combined" office and residential use.
PROPERTY DESCRIPTION:
on file in the office of Community Development, City Hall.
GENERAL LOCATION:
1117 & 1119 Marsh Street
GENERAL PLAN LAND USE ELEMENT: .
Office
PRESENT ZONES:
0
WHEREAS, said commission as a result of its inspections,
investigations and studies made by itself, and . n behalf and of
testimonies offered at said hearing, has established existence of the
following circumstances:
1. The proposed uses will not adversely affect the health, safety,
and welfare of persons residing or working on the site or in
the vicinity.
2 . The uses are appropriate at the proposed location and will be
compatible with surrounding land uses.
3 . The proposed uses conform to the general plan and meet Zoning
�-' Regulations.
4. The proposed uses are exempt from environmental review.
1 -8
Resolution No. 4080-89
Use Permit A138-88
Page 2
5. The proposed uses have similar or less severe impacts on their
. surroundings in terms of noise, traffic, parking demand, hours
of operation, and visual incompatibility than the existing use.
NOW, THEREFORE, BE IT RESOLVED that application No. A138-88 be
amended subject to the following conditions:
1. The project shall receive architectural review and approval,
including review of a landscape and irrigation plan.
2. The site shall be maintained in a neat and orderly manner. All
plant materials shall be maintained and replaced as needed.
3 . . The applicant shall install an enclosed trash area to the
approval of Community Development Department staff.
4 . The applicant shall install street trees along the Marsh Street
frontage to the approval of the City Arborist. Credit may be
given for existing trees that meet city standards. —.
*5. The applicant shall grant an irrevocable offer of dedication
over San Luis Obispo Creek to the city for public creek access,
open space, maintenance, drainage, and. channel improvements.
The easement shall be from twenty (20) feet northwest of the
top of creek bank to the creek centerlineto the satisfaction
of the Community Debelopment Director.
6. At least six bicycle parking spaces shall be provided on-site
at all times.
7 . Medical, dental, health services and governmental offices are
prohibited.
8 . Office gross floor area shall not exceed 1150 square feet
(including 150 square feet for non-habitable circulation and
storage space) .
**9 . Applicant shall provide two off-site parking spaces to the
approval of the Community Development Director.
The foregoing resolution was adopted by the Planning Commission
of the City of San Luis Obispo, upon the motion of Commr. Crotser,
�'1-A
Resolution No. 4080-89
Use Permit A138-88
Page 3
seconded by Comms. Hainline, and upon the following roll call vote:
AYES: Commis. Crotser, Hainline, Gerety, Schmidt, Duerk, Kourakis
NOES: Commr. Roalman
ABSENT: None
Michael Multari, Secretary
Planning Commission
DATED: November 30, 1988
* indicates a _change to the condition
**indicates added condition
' T
X�
RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL AND DENYING A USE PERMIT TO ALLOW COMBINED OFFICE/
APARTMENT USES AT 1117 AND 111.9 MARSH STREET
WHEREAS, the Hearing Officer considered the proposed conversion of a triplex apartment to
an office and two-bedroom apartment on January 6, 1989,. and approved. Administrative Use
Permit A 138-88 after considering applicant and public testimony, staff report, and other
pertinent information; and
WHEREAS, that decision was appealed by Peter M. Kardel, a neighbor of the proposed
project; and on February 8, 1989, after considering the Hearing Officer's action,
applicant and public testimony, and the staff recommendation the commission denied the
appeal and approved the use permit subject to five findings, one amended condition and
one added condition; and
WHEREAS, the commission's decision was appealed by Jon Olsen and Peter M. Kardel and on
March 21, 1989 the City Council of the City of San Luis Obispo conducted a public hearing
on the appeal and reviewed relevant evidenpe and testimony;
NOW, THEREFORE, the Council resolves to take the following actions:
SECTION 1. After City Council review and consideration, the Community Development
Director's determination that the project is categorically exempt under CEQA requirements -�
is hereby affirmed.
SECTION 2. The appeal filed by Jon Olson dated February 15, 1989 is denied, and the
appeal filed by Peter M. Kardel dated February 21, 1989 is upheld.
SECTION 3. Administrative Use Permit A138-88 is hereby denied, subject to the following
findings:
1. The proposed uses will adversely affect the health, safety, and welfare of persons
residing or working on the site or in the vicinity.
2. The proposed uses are not appropriate at the proposed location and will not be
compatible with surrounding land uses.
3. The proposed uses do are inconsistent with the General Plan and Zoning
Regulations, and will significantly reduce affordable housing in the downtown
area.
4. The proposed uses have greater impacts on their surroundings in terms of noise,
traffic, parking demand, hours of operation, or visual compatibility than the
existing use.
Y
Council Resolution No. (1989 Series)
Page 2
On motion of , seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this 21st day of March, 1989/
Mayor Ron Dunin
ATTEST:
City Clerk Pam Voges
APPROVED:
J—
Joh Dunn, City Administrative Officer
Vicky Finuncane, Acting City Attorney
Michael Multa Community Development Director
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990 Palm SlreeUPosl Office Box 8100 • San Luis Obispo. CA 93403.8100
APPEAL TO CITY COUNCIL
:n accordance with the appeals procedure as authorized by Title I, Chapter
: . 20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of the alagning ( nmm•i aa4nn rendered
en 2/8/89 which decision consisted of the following (i .e.
set forth factual situation and the grounds for submitting this appeal .
Use additional sheets as needed) ;
On'2/8/89 the appeal of the approved use permit #138-88 on my property
located at 1117-1119 Marsh Street, San luis Obispo, was denied with the
inclusion of a condition requiring off-site parking for employees work-
ing in the proposed approved office space.
I wish to appeal to the City Council. only on the basis of the parking
condition, not the outcome of the denied appeal. Staff reported that
the proposed combined uses of the structure was Acceptable and incurred "J
no additional parking recources. I would Tike to have this one condition
of the upheld Planning Commission Decision reconsidered.
The undersigned discussed the decision being appealed from with:
Jeff Hook or► _ 7/1L./89
- CityPlanriing Sraff
Appellant: -
Jon Olsen, owner
Name/ itl_
Representative
PO Box 851
Address
Calendared for: 213-510-0356
Phone
City Clerk `
R EE C E V EU Original for City Clerk
Copy to City Attorney
FEB5
,, p� Copy to City Administrative Officer
r[ 1i��p C.oP/y to the following departments(s) :
CITY CLERK
SANLUr0PJ900_CF
f
RtCE1VEU
January 26, 1989
JAN 2'7 1989
TO: Janet Kourakis
Planning Chairperson
San luis Obispo Planning Commission
c/o Jeff Hook and Staff
990 Palm Street
San luis Obispo, Ca. 93401
FROM: Jon Olsen
PO Box 851
Avalon, Ca. 90704
RE: 1117 and 1119A and B Marsh Street
Approved application ##138-88 and pending appeal
Ms. Kourakis;
I would like to introduce myself to you through the mail, so to speak
ana say that I'm looking forward to meeting you prior to this hearing.
I would like to supply some backround information on my property and
discuss briefly some of the issues that I'm sure we'll cover at the
C` hearing. If others have already raised some of these points, then I
hope this will give you a well rounded picture of the situation.
I 've owned this house for ten years during which time I have remodeled
the structure and maintained it as a triplex as it was when I purchased
it. The house has never had available on site parking and the Tenants
have used different sources for parking over the years, some of which
have been: leasing spaces from Mr. Kardel next door; night parking
across Marsh in the RKO parking lot adjacent to the Old French Hospital;
parking on Pacific Street, a half-block east of the house and, of course;
parking on Marsh in time-restricted zones.
When I first bought the house it was fully inhabited by Cal Poly students
living from three to five ina unit, depending on the apartment size.
I was hopeful at the time that the building could be converted to offices
and the density reduced to a manageable level, bringing wear and tear
on the structure under control and justifying the expensive renovation
I intended to complete. We found no solution to produce on site parking
as the codes required at the time and therefore the Planning Commission
rejected our application for the conversion.
We finished the renovation and continued to rent the apartments as before,
making an effort to hold down the number of occupants in each unit but
due to the building's location and the size of the units' interiors, this
has required ongoing supervision over the years. Presently, the two apart-
i
:, ments we wish to convert to a single office houses four occupants.
J,
Jeff Hook and I corresponded frequently during the approval process
for the combined use application and came to the conclusion that
this house, an historic one according to the City, would be better
used as a combined office/apartment building for the following reasons:
This combined use with total office squarefootage at a max-
imum of 1150 would impact the parking no more than the
building presently does with three apartments fully occupied.
Off site parking, though available, is short term at best
and therefore a possibility of conflicts could arise between
the City/Owner/Lessee if leases were given for the office
portion and the leased parking was revoked by the owner of
the parking facilities. We felt it best that the building
be used within its own capabilities and not depend on out-
side forces (such as tenuous parking leases) that could
change literally at any time.
These two smaller apartments presently house four occupants
and in -the past have had as many as eight, varying as tenancies
change over. The parking use is continual, coming and going
day and night, as their classes and work demand. I believe
that a single office used by one or two employees in fields
other than those excluded by Condition#8 of the Staff's Use
Permit Approval Findings would generate substantially less
impact on parking requirements. '
Generally, it was felt that this combined use created no new
uses of the premises, brought the building more into con-
formity with its zoning and was a use consistent with the
neighborhood and reduced or at least did not further strain
parking resources in the area.
City Staff further requires the building be handicap retrofit as
necessary, that the project have ARC approval for any substantial
visual improvements and that a strip of land be dedicated along
the creek for possible future ingress. All of the Conditions are
fully acceptable to me and I feel that this combined use will make
the building more viable economically, impact the parking facilities
to a lesser extent and conform better to the surrounding community.
If I can offer any other information to help you with your con-
sideration of this. please contact me. Hope to meet with you soon.
Sinc ely;
on Olsen
i
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M'�t« � ' ; � 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I , Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of red
on which decision consisted of the following (i .e.
set forth factual situation and the grounds for submitting this appeal .
Use additional sheets as needed) :
C
The undersigned discussed the decision being appealed from with:
on
Appellant: p�n�
Date Appeal Received'. pffu \ —
� (� 1� hNa(�inge�J/HJT i t l e
Representative
MfaE )
Address
54) - Q)913
Phone
Original for City Clerk
Copy to City Attorney
aced for: Copy to City Administrative Officer
Copy to the f llowing de artment(s) :
City C1 , k
RF.CEIVE13
FE6 21 M9
�� / CITY CLERK _-
PETER M. KARDEL
COUNSELOR AT LAW
1101 MARSH STREET
SAN LUIS OBISPO. CALIFORNIA 93401
I-BOS-S43-3913
February 20, 1989
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
APPEAL REQUEST FOR USE PERMIT ADPL. A 138-88 FOR 1117-1119 MARSH
STREET, APPROVED FEBRUARY 8, . 1989 BY CITY PLANNING COMMISSION.
I respectfully appeal the decision made by the City Planning
Commission at their regular meeting held on February 8 , 1989.
The request was made by Jon Olsen for conversion of his triplex
at 1117-1119 Marsh Street into combined office and residential
uses.
I request reversal of the decision.
Thank you.
O✓t.Gy�
Peter M. Kardel
—\
PETER M. KARDEL RECEIVED
COUNSELOR AT LAW
/ IIQI MARSH STREET
SAN LUIS OBISPO• CAI.II+OIMIA 83401 JAN 16 1989
1-80S-543-3913
City 0'San Lub ObiSpO
January 16, 1989
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
APPEAL REQUEST FOR, USE PERMIT APPL. A 138-88 FOR 1117-1119
MARSH STREET, APPROVED JANUARY 06, 1989 BY KEN BRUCE
I respectfully appeal the decision made by Ken Bruce at the
Zoning Hearing held on January 06, 1989. The request was made
by Jon Olsen for conversion of his triplex at 1117 & 1119 Marsh
Street into combined office and residential uses.
Jeff Hook reported the planning staff's findings and stated
certain conditions regarding the house and property. Providing
more parking spaces for the proposed conversion was NOT among
the conditions stated. Despite this omission, he advocated
approval.
The need for daytime parking is NOT being perceived as a
pertinent issue. The parking problem was NOT directly
addressed at the meeting , despite the fact that my
representative referred to my letter delivered previously
(December 16 , 1988) (see attached) . We cannot deceive
ourselves into thinking that this deficiency can be smoothed
out AFTER the fact. It must be kept a current and relevant
issue in respect to the request.
Currently, the property is divided into three residences. The
permit allows combined office and residential uses. The result
is a need for daytime parking, NOT NOW required. Residences
require nighttime parking. Offices require daytime parking.
Daytime parking in the area is severely impacted.
Daytime parking spaces are at a premium; virtually each space
is occupied by local employees, clients, or visitors. If the
property . is converted into the proposed apartment/office
combination additional parking spaces will be necessary.
Since there is NO onsite or offsite parking, these vehicles
will exacerbate public street .parking and unfairly impact those
� I Page 1 of 2
Appeal of the Decision Further Impacting Parking on
Marsh Street between Santa Rosa and Toro Street: 011689
}
of us providing onsite parking. These impacted, crowded
conditions will create irritating inefficiency for local
residences/employees of San Luis Obispo and frustrating
hostility for visitors/travelers to our community.
It may be suggested that, since I own an unimproved lot
adjacent to 1117 & 1119 Marsh, I could be of assistance to the
property by providing leased parking to it. This would be
short-sighted. My plan is to improve this lot, providing
onsite parking for the prospective development, as necessary.
In any event, each of the spaces is rented.
The individuals using the offices adjacent to an empty area
will naturally park there. This is now occurring because of
offices easterly from Mr. Olsen's property. To minimize their
risk of being towed, some park in the entry way. Others have
become angry with me threatening my person and property. This
situation will worsen with this increased need for parking and
even more so because the need is next to my lot. Granting Mr.
Olsen's request will create bad. feelings among neighbors, and,
again, would hardly provide a solution to crowded parking
conditions.
Accordingly, I request reversal of the decision. In particular,
I object to Findings 01 and 05.
Thank you,
Peter M. Kardel
Page 2 of 2
y' 0056-04R
State of California -The gesou 1
DEPARTMENT OF PARKS ANO R,_, N HAGS HAER SHL Loc
r UTM: A0713II50739055
HISTORIC RESOURCES INVENTORY C D
i
• i
)ENTIFICATION
1. Common name:
2. Historic name:
3. Street or rural address: 111_-1119 marsh
Cite San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 02-445-03
S. Present Owner: M.A. Chrisney, c/o J.C. and Shelly O1senAddress: P.O. Box 351
City Avalon Zio 90704 Ownership is: Public Private Y
o Present Use: opc;r?pnt•ial Original use: Residential
DESCRIPTION
7a. Architecturalstyle: wood Frame with Greek Revival influence
7b. Briefly describe the present physical dewriprion of the site or structure and describe any major alterations from its
original condition:
This vernacularization of a Greek Revival style frame house is resting or.
a raised foundation. The roof is broadly pitched with two side facing
gables and one front facing gable. There is a slight shelf cornice and wide
porch roof that is supported by detailed posts with brackets. Stickwork
railing surrounds the recessed porch. Doors are 6 and 12 panels with 3;-3 If
dight transom windows above. t.•:indows are 2/2 lights single hung sash
windows with detail wood frames and shelfs. This structure is covered by
shiplap siding.
I
IIII
-'i�' � �' �• 8. Construction Cate:
Estimates 1888
�}�f+ ...}, .�• Factual
__ _ � •' g, Arc iter,
Unknown
t 10. Suiider Unknown
� ^.• , !
11, Approx. property size (in feet)
Frontage 45 Depth 170,
or approx. acreage
12. Oateis) of enclosed pnotogr=h(s)
December 1982
OPR 523 (Rev.4/79)
I3. Condition: Excellent _Good X Fair_ Deteriorated _ No longer in existence I
14. Alterations:
1.5. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up
Residential _X Industrial _Commercial X Other: -
16. Threats to site: None known X Private development_ Zoning _ Vandalism J
Public Works project _ Other: 1
17. Is the structure: On its original site?,- Y=G Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
This is an interesting example of a vernacular nineteenth century design
built- in the late 1800's. Probably patterned after Neo-Colonial prototypes
the structure has elongated windows that are distinctly Victorian. Similarly,
the porch decor is almost stick in character with faint traces of Greek
Revival. The horizontal wood siding that sheaths the house contrasts
with vertical siding around the skirt, another feature of 19th and very
early 20th century residences. with its neighboring buildings, this
"California Renaissance" structure,. now a. duplex, adds strong historic
character to the 1100 block of Marsh Street..
Locational sketch map(draw and label site and
surrounding streets,roads, and prominent landmarks):
20. Main theme of the historic resource: (If more than one is. NORTH '
checked, number in order of importance.) ,
Architecture 1 Arts& Leisure
Economic/Industrial —Exploration/Settlement
Government Military
Religion Social/Education
21. Sources (List books,documents,surveys,personal interviews
and their dates).
Sanborn Fire Insurance Maps
(1891, 1903) l
�t7
22. Date form prepared June 30, 1983
By (name)Isistnric Res. Survey Staff
Organization ri ty of Ran L i i c Obispo
Address: P-0_ Box 321
City San Luis Obispo Zip 93401
Phone: (805) 541-100p
i
I
7/ c2 3
l
ADMINISTRATIVE HEARING - MINUTES
C
FRIDAY JANUARY 6, 1989
Use Permit Appl. A 138-88. Request to allow changes to a non-
conforming structure and to allow
combined office and residential uses;
1117 and 1119 Marsh Street; O zone; Jon
Olsen, applicant.
Jeff Hook presented the staff report. He stated that this house is
currently used for three apartments, and is on the city's master list
of historical resources. The building is believed to be about 100
years old, and has no parking on-site. He noted that Zoning
Regulations allow a change to non-conforming uses, provided that when.
the use is changed, the project does not become any more non-
conforming than it currently is. He said the current use requires
five parking spaces. The applicant's intent is to convert two
one-bedroom apartments to offices, with a two-bedroom apartment
remaining. The remaining requirement for that proposed use
arrangement would also be five parking spaces, so there would be no
change in required parking for the proposed use. Based on the Zoning
Regulations, the fact that it is a historic building, and city
policies discourage removing a portion or otherwise altering the
appearance of the historic buildings, staff recommends approval of
the use permit, based on findings and subject to conditions which he
outlined.
The public hearing was opened.
Jon Olsen, applicant said he felt this would be a good use for the
historical building considering the adjoining structures on Marsh
Street and the current uses there. He said he had no problems with
the recommended conditions. He said that in conjunction with this
application and permit, he plans to further upgrade the exterior and
interior of the house, including handicap. standards.
Ken Bruce asked if a property management company handled the
property. Mr. Olsen said he may consider it at this time, but he
currently handles the property himself.
The public hearing was closed.
Ken Bruce approved Use Permit Appl. A .138-88, based on the following
findings and subject to the following conditions:
Findings
1. The proposed uses will not adversely affect the health, safety
and welfare of persons residing or working on the site or in the
vicinity.
Page 2
2. The uses are appropriate at the proposed location and will be
compatible with surrounding land uses.
3. The proposed uses conform to the general plan and meets zoning
ordinance requirements.
4 . The proposed uses are exempt from environmental review.
5-. The proposed uses have similar or less severe impacts on their
surroundings in terms of noise, traffic, parking demand, hours of
operation, and visual incompatibility than the existing use.
Conditions
1. The project shall receive architectural review and approval,
including review of a landscape and irrigation plan.
2. The site shall be maintained in a neat and orderly manner. All
plant materials shall be maintained and replaced as needed.
3 . The applicant shall install an enclosed trash area to the
approval of Community Development Department staff.
4 . The applicant shall install street trees along the Marsh Street
frontage, to the approval of the City Arborist. Credit may be _
given for existing trees that meet city standards.
5. The applicant shall grant an irrevocable offer of dedication over
San Luis Creek to the city for public creek access, maintenance,
drainage, and channel improvements. Said easement shall be from
ten feet northwest of the top of creek bank, to the creek
centerline, and to the satisfaction of the Community Development
Director.
6. At least six bicycle parking spaces shall be provided on-site at
all times.
7. Medical, dental, health services and governmental offices are
prohibited.
8. Office floor area shall not exceed 1150 square feet.
Ren Bruce explained that this decision can be appealed to the
Planning Commission by any person aggrieved by this decision in the
form of a letter to the Community Development Department stating the
reasons for the appeal.
` J
P.C. Minutes
June 24, 1981
Page 7
processes to conform with the c ent laws and is more than willing to do just
that.
Chairperson Drucker decl ed the public hearing closed.
Commr. Bullock believ there was space available on the site for additional
parking.
Commr. Andrews sugges ed a six month continuance until the new Zoning Ordinance
goes into effect, whic will eliminate the requirement for one additional
parking space for each t nits. The applicant's plan conforms to the draft
ordinance.
Commr. Bullock indicated he would veto deny the appeal as he had not seen
necessary changes from when he was o the Board of Adjustments. However, he
felt it may be wise to consider Commr Andrews' suggestion for continuance.
Commr. Andrews moved to continue th appeal of Variance V0954 for six months.
Commr. Bullock seconded the on.
VOTING: AYES: C rs. Andrews, Bullock, Findley and Drucker
NOES: one
ABSENT None
VACANCIE One
The motion passes.
Comer. Findley Ieft .t m
Item 4. Public Hearing: Use Permit U0955,"Variance V0956. Request to convert
a house to an office on a legal non-conforming lot and to allow no
on-.site parking where 6 spaces are required; 1117-111.9 Marsh Street;
PO zone; Jon C. Olsen, applicant.
A. Use Permit U0955. To allow office on non-conforming lot.
B. VarianceV099'67 To allow no on-site parking.
Dan Smith, Associate Planner, presented the staff reports noting that this
structure is not mentioned as-a historical structure in the draft Architectural
and Historical Element.
Chairperson Drucker declared the public hearing open.
Shelly Olsen, one of the applicants, indicated the building is presently a
/ triplex and was used as student housing until June 15th with 8 people residing
in the house. . If they converted the building, the night .Parking, problem would
P.C. Minutes
June 24, 1981
Page 8 c
be eliminated and would lessen the parking usage during the day. Mrs. Olsen
noted there was unlimited parking on both Pacific and Pismo Streets. Since the
surrounding buildings are both commercial and professional, this residential
usage is an island and the best possible use would be professional office which
conforms to code and environment. Their main concern is to restore the
building and preserve its unusual architectural style. On-site parking would
require elimination of the entire side of the building, the rear end of the
building, and the trees in the back yard. They have received affirmative reaction
from the Architectural Review Commission. She stated they had no problems with
the recommended conditions.
Kari Kardel of 1101 Marsh Street objected to the use permit and variance. There
are no exceptional circumstances applying to the site and the Olsen property
should be kept as residential . She -noted that San Luis Obispo has a housing
problem but .a surplus of office space. She noted this would constitute a grant
of special privilege as the other buildings on the block were converted before
rezoning required parking. The variance eliminating the six parking spaces
required would also constitute special privilege. She felt parking is a major
problem on this part of Marsh Street already. She also felt the city should
discourage the use of the steet for parking, encourage off-street parking and
develop bike lanes.
Jon Olsen stated their project is best suited for the area it is located. 1
Chairperson Drucker declared the public hearing closed.
Commr. Andrews did not feel this building provided attractive housing, however,
it could be made into more attractive housing: He had problems with the
property being used for office use because the site does not provide parking.
Commr. Bullock concurred and pointed out that the Housing Element recommends
housing over office. He felt the property should be professional office but
the required parking should be provided on site.
Commr. Drucker agreed. She noted an alternative plan which calls for three
spaces to standards and questioned whether the three spaces were adequate,
especially in light of the fact the building would have to be renovated to provide
them.
Comer. Andrews moved to deny variance V0956 subject to the following findings:
1. There are no exceptional circumstances applying to the site such as size,
shape or topography, which do not apply generally to land in the vicinity
with the same zoning.
2. The variance would constitute a grant of special privilege inconsistent with
the limitations upon other properties in the vicinity with the same zoning.
3. The granting of such application would adversely affect the health, safety
and welfare of persons residing or .working..I n the vicinity.
P.C. Minutes
June 24, 1981
Page 9
Commr. Bullock seconded the motion, Resolution 1730-81 .
VOTING: AYES: Comers: Andrews, Bullock and Drucker
NOES: None
ABSENT: Coemr. Findley
VACANCIES: One
The motion passes; the variance is denied.
Comer. Drucker indicated she would like this problem worked out with the
Architectural Review Commission to do as little damage as possible in the back
yard for gettting some parking on-site.
Comer. Drucker moved to deny use permit U0955 subject to the following findings:
1 . The proposed use will be detrimental to the health, safety and welfare of
persons living or working in the area.
2. The use is not appropriate at the proposed location and will not be
compatible with the surrounding land uses.
3. The proposed use does not meet zoning ordinance requirements.
Coemr. Andrews seconded the motion, Resolution 1730-81 .
VOTING: AYES: Cottmrs. Drucker and Andrews
NOES: Comer. Bullock
ABSENT: Comer. Findley
VACANCIES: One
The motion fails; the use permit is denied.
Item 5. Public Hearinad Minor Subdivision No: 79-094'- Time Extension.
For submission df, finalparcel map creating 2 lots Trom I lot at 579
Highland Drive an 8 Felton Way; R-1 and R-2-S zones; Archie Lux,
subdivider.
Dan Smith, Associate Planner, presented he staff report.
Chairperson Drucker declared the p c hearing open.
There was no public testimon
Chairperson Druckr delcared a public hearing closed.
Comer. Bullock moved to �approve a e=m* time extension for. submission .of
final parcel map for Minor Subdivision o. 79.-094 subject to all conditions,of .
original approval.
�KDemlesadionbydeadPersoo .-MEETING AGENDA
Re porid by: SATE APA ' e9 ITEM #
Council
69 CAO PETER M. SARDEL
21 City Atty. COUNSELOR AT LAW
�A Clerk-orig. 1101 MARSH STReCT
L� �. „lj�• BAR L'QI9 CMMPO.CAI"ORNLA 93601
[ter �a I-B OS-543-3913
LTJ C
•
Hand Delivered on April 04, 1989
City Council of the City of San Luis Obispo
ELIMINATION OF TWO AFFORDABLE, EXISTING HOUSING UNITS IN FAVOR
OF OFFICES: 1117 AND 1119. MARSH: PUBLIC HEARING ITEM 07 TONIGHT
Please consider:
■ The property always has been and is now devoted to
affordable housing.
■ The property was purchased by the Applicant as affordable
housing.
■ The City is NOT short of this additional office space.
■ The people now living in the property and those seeking
affordable housing in the future will strongly dispute each
vote against affordable housing.
■ Granting this request will lead to the next request for
complete elimination of the property as a source of affordable
housing.
■ The conversion without sufficient parking erodes our need
for parking in this area of Marsh WITHOUT an offseting public
benefit.
For myself as the adjacent neighbor, I am unable to monitor
illegal parking when the parking is only for few minutes. My
towing signs are insufficient. My lot is too small to sustain .
a full time person being stationed on the property. The.
downtown people renting spaces from me will again "feed the
meters" unless illegals are kept off the lot. An office next.
to the lot would prove too much of a temptation too often._
I am unable to attend your Meeting until approximately 08:45.
Accordingly, if feasible, I would appreciate your deferring the
Hearing until another time or after that hour. I recognize
that NO further public input is required.
Tha
Peter M. Karde r
RECEIVED
APR 4 Imn
CITY CLERK
SANLU509K0•CA