HomeMy WebLinkAbout11-16-2015 ARC Item 1 - APPL-1974-2015 (128 Chorro Street)
ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT
SUBJECT: Review of an appeal of the Community Development Director’s Decision to approve the establishment of a guest quarters located at 128 Chorro Street. PROJECT ADDRESS: 128 Chorro Street BY: Kyle Van Leeuwen, Planning Technician Phone Number: (805) 781-7091 e-mail: Kvanleeuwen@slocity.org FILE NUMBER: GUST-1645-2015 FROM: Marcus Carloni, Associate Planner
RECOMMENDATION
Adopt a Resolution (Attachment 1) that denies the appeal of the Community Development
Director’s approval of the project based on findings of consistency with City standards and subject
to conditions of approval.
SITE DATA
Applicant Holly and Antonio Garcia
Representative Frances Gibbs, Pults & Associates
Architects, LLP
Historic Status Contributing Property
Zoning R-1 (Low-Density Residential)
General Plan Low Density
Site Area 0.15 Acres (6,670 square feet)
Environmental
Status
Categorical Exemption, Class 3,
Section 15303, New Construction
or Conversion of Small Structures,
CEQA Guidelines.
SUMMARY
The applicant has applied for review of a 322 square-foot guest quarters in the R-1 (Low-Density
Residential) Zone on a property containing a contributing historic structure. The proposed project
includes the conversion of an existing non-conforming structure to be used as a guest quarters with
a conforming addition to the structure.
The project was reviewed and approved at the staff level on August 27, 2015. The approval was
appealed on September 7, 2015 on the grounds of inadequate analysis by staff.
Meeting Date: November 16, 2015
Item Number: 1
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1.0 BACKGROUND
In July of 2014 the City’s Code Enforcement Officers opened a case in connection to an
unpermitted secondary unit and garage conversion on the subject property (Attachment 5). This
unpermitted habitable space included the conversion of an accessory structure which historically
functioned as a garage and workshop. The dwelling unit also included the use of an unpermitted
addition made to the structure.
Through discussions between the property owner and planning staff, it was determined that the
property owner could either pursue the approval of a guest quarters or convert the accessory
structure back into a garage and workshop. In order to address the code enforcement violation and
establish a guest quarters, the project needed to include the removal of the unpermitted addition re-
establishing the portion of the structure to be used as a garage, consistent with all other Zoning and
Building requirements.
An application to establish a guest quarters was filed on July 7, 2015 and was approved on August
27, 2015. During this review period, the applicants’ neighbor, Mr. Hanlon, contacted planning staff
to discuss the proposal and present his concerns. These discussions took place in person with
planning staff, through an exchange of emails, and over the phone. At the time of approval, staff
worked with the applicant to further resolve the concerns from the neighbor, going above what is
required by code. This effort was not agreeable to the appellant. Mr. Hanlon appealed the Director’s
approval on September 7, 2015.
2.0 COMMISSION’S PURVIEW
The ARC’s role is to review the project in terms of its consistency with Chapter 17.21.020 of the
Zoning Regulations (Guest Quarters), the Community Design Guidelines and applicable City
standards.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
The project site, 128 Chorro Street, is located on the corner of Chorro and West Streets. The
property is in the Low-Density Residential (R-1) zone and is in a neighborhood of Low-Density
zoning with single-family residences.
The project site contains a single-family dwelling which is listed as a Contributing Historic
Resource. The structure is deemed a Contributing Historic Resource due its architectural
significance as an example of the Tudor Revival architectural style. The accessory structure
located in the northeast corner of the property is not considered a historic structure.
The south-facing, West Street frontage of the property is at a slightly higher elevation than the
adjacent street and sidewalk. This higher elevation is less prevalent on the Chorro Street
frontage where the street has a slight upward slope, eventually meeting the elevation of the
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property to the north. The south facing elevation includes a retaining wall that exists within the
public right of way. A covenant agreement exists for this retaining wall in the right of way
(Attachment 8).
Site Size ~6,670
Present Use Single-family residence and detached accessory structure
Topography Mostly level site with retaining wall near southern boundary
Access West Street
Surrounding Use/Zoning North: Single-Family Residence (R-1 zone)
South: Single-Family Residence (R-1 zone)
East: Single Family Residences (R-1 zone)
West: Single Family Residences (R-1 zone)
3.2 Project Description
The project consists of the removal of an unpermitted non-conforming addition made to the
accessory structure, and the construction of a conforming addition. This project will also
establish a residential occupancy classification for the proposed habitable space, including
compliance with all current building and safety code requirements. The resulting structure will
consist of a permitted guest quarters attached to a single-car garage.
The proposed project includes the following significant aspects:
• Removal of non-permitted addition
• Reestablish the garage portion of structure to once again be used as garage.
• Construct 108 square-foot addition, creating a 322 square-foot Guest Quarters
4.0 PROJECT ANALYSIS
As stated above, the approval of this project was made on the determination that the subject
property and proposed demolition/construction meets all the requirements of the Zoning
Regulations due to the age of the property and the existing structures. The following describes the
main aspects of staff’s analysis of the proposed project. Staff analysis was needed to make certain
determinations, as described below.
4.1 Site Analysis:
Legal Non-Conforming Status: The existing accessory structure is a non-conforming
structure due to a building setback which is less than five feet from the property line. This
type of non-conformity is common in older neighborhoods such as this. The main residence
and accessory structure do not have building permits on record with the City, but are
identified in county assessor’s records. This led to the determination that both structures
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were legally constructed. It had been previously determined that the addition to the
accessory structure has not been permitted and must be removed, as proposed with the
project.
Single-Car Garage: The accessory structure, which is not historic, has been determined to
historically function as a single-car garage and workshop space. There is no definitive
record stating that the structure has always been a single-car garage and not originally a two-
car garage. However, it has been determined that the accessory structure be recognized as
only accommodating a single vehicle. Staff determination came through review of previous
documentation (county assessor’s records and past planning submittals (Attachment 7)) and
physical evidence (driveway approach). Both one-car and two-car garages are typical for the
neighborhood.
Without a definitive record of the structure housing two-cars, required parking for the site
has been determined to historically exist in a tandem arrangement (one space in the garage
and a second in the driveway approach to the garage). Therefore the project would not be
considered a “garage conversion”, as it does not eliminate a required covered parking space.
The area being converted into a guest quarters is recognized as a workshop space. Approval
of the guest quarters applications does not require any additional onsite parking.
4.2 Compliance with Zoning Regulations
Guest Quarters: The guest quarters regulations were created with the intent to allow this
particular accessory use in connection with a primary residential unit, and to prevent the
conversions of these spaces into separate dwelling units in the future. The general
requirements for allowing a guest quarters are: 1) consistency with allowable density and
size for the underlying zone; 2) the primary use of the site being a single-family dwelling; 3)
owner occupancy of the primary residence; 4) and the exclusion of any kitchen facilities
within the guest quarters. These regulations are described in depth in the Zoning Regulations
(Attachment 6). These requirements for a guest quarters were met as described below:
1. The property contains a single-family home with a detached accessory structure. A
single-family dwelling is counted as one density unit in the R-1 zone, and the
addition of a guest quarters does not increase that density calculation. The allowed
density for the size of the property is 1.05 units. The project meets all other
requirements of the R-1 Zone.
2. The primary use of the site is a single-family dwelling.
3. The property is the applicant’s primary residence, as confirmed through tax records.
4. The project includes the removal of all existing kitchen equipment within the
accessory structure, and no new kitchen facilities are proposed.
After fully reviewing the proposed project, staff concluded that all applicable zoning
regulations are met, including the requirements for a guest quarters, within the current
proposal, and conditions of approval of the project.
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5.0 EVALUATION OF APPEAL
The appellant has provided a letter explaining the reasons for the appeal (Attachment 4). The major
points of the appeal are: 1) the historic use of the accessory structure has been as a garage only, and
a past planning application documents the structure labeled as a garage 2) the structure was illegally
built at the time of construction.
5.1 Staff Response
1. Historic use of structure. Staff’s analysis of the historic use of the structure is addressed
above (§4.1.2). The appellant makes reference to a site plan submitted in 1981 as evidence of
the building being used only as a garage. Although plans submitted in relation to that project
call out the building as “old garage” or “existing garage”. This does not mean that the entire
structure was being utilized as a garage or that it had more than a single-car garage door. To the
contrary, the 1981 plan submittal shows that the unpermitted addition was already in place and
that the driveway approach leads to a single car entrance. This plan submittal was used by staff
during site analysis to help affirm that the structure was not being used as a two-car garage in
1981 (Attachment 7).
2. Legal status of structure. Staff’s analysis of the legal non-conforming status of the structure
is addressed above (§4.1.1). The accessory structure was built prior to 1974. The plans
submitted in relation to this project do not imply that the accessory structure was built in 1974,
but that the layout of the interior was such in 1974. This was the year the applicant purchased
the property and was prior to the illegal addition being constructed. This representation of the
building layout is what city staff requested be documented with the submittal. To properly
assess what changes would be allowed to the structure, documentation of the original layout is
needed. It is the City’s position that the accessory structure was legally built, and the existing
small addition was not.
5.2 Additional concerns raised in the appeal
Other non-conformities and covenants exist on site and should be remedied at this time.
All nonconformities associated with the building and within the scope of the project are
acceptable as legal non-conforming. Within the scope of this project it was determined by the
Engineering staff that the driveway needed to be brought into code with current ADA standards,
which is conditioned to be addressed at the time of building permit application. Any other non-
conformities or existing covenant agreements are not within the scope of the project.
The project will impact onsite parking.
The requirements to remedy the code enforcement case and to meet the requirements of the
Zoning Regulations for the project include re-establishing a single car garage. The tandem
parking space leading to the garage meets the City’s standards for a parking space. This brings
the property back into conformance with the City’s parking requirements for the Low-Density
Residential zone. The approval of a guest quarters does not require additional onsite parking.
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The project will exacerbate an existing noise issue.
The project includes filling-in the existing windows that face the neighboring property and
creating a wall thickness that meets current code requirements and would provide interior noise
attenuation. There have been no documented noise complaints for over 10 years.
The staff did not fully evaluate the proximity of neighboring structures due to an
incomplete submittal
The project submittal did not include the building footprints of neighboring buildings on site
plans. This information is generally needed to address possible impacts to neighboring
properties; however this does not mean that those impacts were not evaluated. Due to multiple
conversations with Mr. Hanlon about the potential impacts and the evaluation done onsite, these
impacts were thoroughly considered when evaluating the project. The level of evaluation given
to this aspect by staff is equivalent to or beyond what is provided through the inclusion of
neighboring building footprints on a site plan.
6.0 CONCLUSION
Staff finds that the property and proposed space meets the requirements for a guest quarters as
defined in chapter 17.21.020 of the Zoning Regulations, including the requirements for density,
size and owner occupancy. The proposed addition is consistent with all applicable requirements
for height, setback, and lot coverage. The proposed addition has also been found to be consistent
with the overall design and detailing of the accessory structures, and compatible with the
existing residence.
7.0 ALTERNATIVES
1. Uphold the appeal and deny the project based on inconsistency with the Zoning Regulations
and applicable City regulations
2. Continue the project to a date uncertain.
8.0 ATTACHMENTS
1. Resolution
2. Vicinity map
3. Project plans
4. Appeal application and letter with appellant’s attachments
5. Notice of Violation
6. Zoning Regulations for Guest Quarters
7. Site plan from 1981 application
8. Covenant for temporary erection of improvements with the public right of way
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RESOLUTION NO. ####-15
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW
COMMISSION DENYING AN APPEAL AND UPHOLDING THE COMMUNITY
DEVELOPMENT DIRECTOR’S ACTION TO APPROVE A GUEST QUARTERS IN
THE LOW-DENSITY RESIDENTIAL ZONE, AS REPRESENTED IN THE AGENDA
REPORT AND ATTACHMENTS DATED NOVEMBER, 16, 2015
(128 CHORRO STREET, FILE NO. GUST-1645-2015)
WHEREAS, on July 6, 2015, Antonio and Holly Garcia submitted an application to
establish a guest quarters at 128 Chorro Street, San Luis Obispo, in the Low-Density Residential
zone; and
WHEREAS, on August 27, 2015, the Community Development Director approved the
guest quarters application at 128 Chorro Street; and
WHEREAS, on July 27, 2015, Jon Hanlon filed an appeal of the Community
Development Director’s approval; and
WHEREAS, the Architectural Review Commission conducted a duly noticed public
hearing in the Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 16, 2015, for the purpose of considering the appeal of the Community Development
Director’s approval; and
WHEREAS, the Architectural Review Commission has considered all relevant evidence,
including testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Architectural Review Commission
of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence and review of the relevant City
regulations, and project plans, the Architectural Review Commission makes the following
findings:
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because the project will be compatible with the
site constraints and the character of the neighborhood.
2. As conditioned, the project is consistent with the Community Design Guidelines because
the accessory structure and addition respect the architectural style, detailing, scale, and
composition of the existing residence.
3. As conditioned, all additions to the property are consistent with the City’s Zoning
Regulations because they meet property development standards for the R-1 zone.
4. As conditioned, the project is consistent with the City’s Zoning Regulations because it
meets the requirements for a guest quarters.
Attachment 1
ARC1 - 7
Resolution No. ####-15
File Number GUST-1645-2015 (128 Chorro Street)
Page 2
5. The project is categorically exempt from environmental review (Class 3, Section 15303,
New Construction or Conversion of Small Structures, CEQA Guidelines) because the
project consists of the conversion of an existing small structure and the construction of a
new structure in an urbanized area.….
SECTION 2 Action. The Architectural Review Commission hereby denies the appeal
and grants final approval to the project with incorporation of the following conditions:
Conditions:
Planning Division – Community Development Department
1. A building plan check submittal that is in full conformance with submitted project plans,
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. 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.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
3. Building materials, trim, window details, and paint scheme shall match the existing house.
4. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds, recesses, and other
related window features.
5. Any proposed landscape lighting shall be shown on plans submitted for a building permit
and plans shall clearly indicate lighting to utilize a narrow cone of light (no brighter than
15 watts) for the purpose of confining the light to the object of interest.
6. Any proposed exterior lighting shall be shown on plans submitted for a building permit and
shall be downward-facing, fully recessed, and shielded to avoid light trespass and adverse
impacts to visibility of the night sky consistent with Chapter 17.23 of the Zoning
Regulations.
7. There shall be no kitchen area capable of being used for the preparation or cooking of food
in the proposed addition/guest house. Prohibited facilities include: an oven/microwave
oven, stove, hotplate, refrigerator exceeding six cubic feet, dishwasher, garbage disposal,
sink having a drain outlet larger than one and one-half inches, cabinets, counter space, or
other areas for storing food.
Attachment 1
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Resolution No. ####-15
File Number GUST-1645-2015 (128 Chorro Street)
Page 3
8. The property shall be occupied by the property owner as the owner’s primary place of
residence. In the event that the property is no longer occupied as the owner’s primary place
of residence, the guest quarters may continue to be used as habitable space (e.g. office, art
studio, play room) but can no longer be used as overnight sleeping quarters.
9. The property owner shall execute an Owner’s Agreement with the City. Prior to the
issuance of construction permits, a covenant agreement shall be recorded which discloses
the structure’s approved floor plan and status as “guest quarters,” which cannot be used as
an independent dwelling unit, and may only be used in conjunction with the primary
residence that contains a kitchen. This agreement shall be recorded in the office of the
County Recorder to provide constructive notice to all future owners of the property. The
covenant agreement also may contain authorization for annual inspections and to allow the
City, upon reasonable time and notice, to inspect the premises for compliance with the
agreement and to verify continued compliance with requirements of this section and health
and safety codes.
Engineering Division – Public Works/Community Development Department
10. Projects involving the substantial remodel of existing structures requires that complete
frontage improvements be installed or that existing improvements be upgraded to comply
with City Standard MC 12.16.050.
11. Any sections of curb, gutter, and sidewalk damaged during construction shall be repaired or
replaced to the satisfaction of the Public Works Department.
12. The existing driveway approach shall be altered or upgraded to comply with current
standards. The current City and ADA standard requires a four-foot accessible sidewalk
extension behind the ramp.
13. The building plan submittal shall show the existing wall/fence combination to honor a ten-
foot visibility triangle for the line-of-sight distance between vehicles exiting the driveway
and pedestrians using the adjoining public sidewalk area. Unless maneuverability can be
accommodated on-site to exit to the street in a forward motion, the ten-foot line-of-sight
triangle shall be maintained.
14. The building plan submittal shall show all fence gates to be designed to avoid swinging and
encroaching onto or over the public sidewalk.
15. Development of the driveway and parking areas shall comply with the Parking and
Driveway Standards for dimension, maneuverability, slopes, drainage, and materials.
Alternate paving materials are recommended for water quantity and/or quality control
purposes and in the area of existing or proposed trees and where the driveway or parking
area may occur within the dripline of any tree. Alternate paving material shall be approved
to the satisfaction of the Planning Division.
Attachment 1
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Resolution No. ####-15
File Number GUST-1645-2015 (128 Chorro Street)
Page 4
16. The building plan submittal shall include a complete site utility plan. All existing and
proposed utilities along with utility company meters shall be shown. Existing underground
and overhead services shall be shown along with any proposed alterations or upgrades. All
work in the public right-of-way shall be shown or noted.
17. The building plan submittal shall show the existing water service to be upgraded in
accordance with the approved fire sprinkler plans if a residential fire sprinkler system is
needed or required by ordinance for the proposed new guest house.
18. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. Show and label the high point elevation
or grade break at the yard areas and drainage arrows to show historic drainage. Include the
finished floor elevation of the garage and guest house, existing finish grade elevations, and
existing yard drainage.
19. The building plan submittal shall include a Post Construction Stormwater Control Plan
Template as available on the City’s Website. The template will be used to document the
expected exemption or minor project compliance summary for the requirements of the
Regional Water Quality Control Board.
20. The building plan submittal shall show all existing and proposed trees including street
trees. The plan shall include the diameter and species of each tree. The plan shall show the
tree canopy generally to scale for reference. The plan shall include the disposition of all
trees and shall include any proposed tree removals and/or safety pruning.
21. The building plan submittal shall show all required street trees. Street trees are required at
a rate of one 15-gallon street tree for each 35 linear feet of frontage. The City Arborist
shall approve the tree species and planting requirements.
22. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall
approve any safety pruning, the cutting of substantial roots, or grading within the dripline
of trees. A City-approved arborist shall complete safety pruning. Any required tr ee
protection measures shall be shown or noted on the building plans.
23. 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.
Code Requirements
Attachment 1
ARC1 - 10
Resolution No. ####-15
File Number GUST-1645-2015 (128 Chorro Street)
Page 5
The following code requirements are included for informational purposes only. They serve to
give the applicant a general idea of other City requirements that will apply to the project. This
is not intended to be an exhaustive list as other requirements may be identified during the plan
check process.
Fire Department
1. The building plan submittal shall show fire sprinklers conforming to NFPA 13D which are
required for new Group R area (also required for structures with property line setbacks less
than three feet).Provide one-hour fire-resistant construction at existing Second Floor
openings within exterior walls where fire separation distance is less than three feet to
adjacent buildings or property lines. Openings are not permitted. CBC Table 705.8
Upon motion by Commissioner _______________________, seconded by Commissioner
_______________________, and on the following vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was adopted this 16th day of November 2015.
____________________________________
Marcus Carloni, Liaison
Architectural Review Commission
Attachment 1
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Attachment 3
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Attachment 3
ARC1 - 14
12
8
C
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SA
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9
3
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5
(8
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1128
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No
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6
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Attachment 3
ARC1 - 15
12
8
C
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5
(8
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1128
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ARCHIT E C T
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No
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C
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6
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4
2
REN.10-
3
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5
EX
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SO
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Attachment 3
ARC1 - 16
12
8
C
H
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R
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R
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SA
N
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9
3
4
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5
(8
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)
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7
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1128
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No
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C
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6
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REN.10-
3
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Community Development Department, Building & Safety Division
919 Palm Street, San Luis Obispo, CA 93401, Ph. (805)781-7180, Fax (805) 781-7109
Website: http://www.slocity.org/communitydevelopment/
NOTICE OF VIOLATION
July 28, 2014
GARCIA ANTONIO E TRE ETAL
128 CHORRO ST
SAN LUIS OBISPO, CA 93405
SUBJECT ADDRESS: 128 CHORRO ST., SAN LUIS OBISPO, CA 93405 APN: 001-022-020
Dear Property Owner:
On July 8, 2014, City of San Luis Obispo Community Development Department staff inspected property
that you own at the above subject address and observed the following violations of the San Luis Obispo
Municipal Code and related State Building and Housing Regulations:
1. A - Unpermitted Construction/Permit Required – An addition has been constructed on the
front of the garage without permits. A kitchen and bathroom has been installed in the garage.
Plans must be submitted for review and approval and permits obtained for all unpermitted
construction. (SLOMC 15.02.010, California Residential Code 105.1)
B - Unpermitted Dwelling Unit – The garage has been converted into a second dwelling unit
without plan submittal or approval. Plans must be submitted for review and approval.
(SLOMC 15.02.010, SLOMC 17.21.050)
2. Lack of Required Smoke Detectors – No smoke detector in the converted bedroom. A
smoke detector must be installed on the ceiling or wall in each bedroom, in hallways or rooms
providing access to bedrooms, and in each story within a dwelling unit. (SLOMC 15.02.010,
CA Residential Code (CRC) R314.6.2 , and CA Health & Safety Code 13113.7)
3. Improper Occupancy – The garage has been converted into an unpermitted second dwelling
unit. All buildings or portions thereof occupied for living, sleeping, cooking or dining
purposes that were not designed or intended to be used for such occupancies shall be
considered substandard. (SLOMC 15.02.010, Uniform Housing Code 1001.14)
4. Lack of Required Covered Parking - The garage conversion eliminated covered parking.
Single family dwellings in an R-1 zone are required to have two parking spaces, one of which
must be covered. (SLOMC 15.02.010, SLOMC 17.16.060)
Attachment 5
ARC1 - 30
128 Chorro
Page 2
CEP 5 – Notice of Violation
These violations constitute substandard and unsafe housing conditions as defined by law, are a public
nuisance and must be corrected by August 8, 2014 to prevent further legal action. Please obtain the
necessary Code Correction permit at the City of San Luis Obispo’s Community Development
Center at 919 Palm Street, phone (805) 781-7180, to either remove the unauthorized work or to modify
it in a manner that complies with applicable codes.
Failure to correct these violations will result in additional enforcement action being taken which
may include the issuance of Administrative Citations and fines of up to $500 per day, an order to
vacate the building, administrative abatement proceedings, or other remedies provided by law as
indicated below:
1) The City of San Luis Obispo may seek an injunction or court order which will require the property
owners to comply with City laws, be liable for civil penalties of $250.00 per day and pay all costs
accrued by the City in its enforcement effort, including attorney fees. Failure to pay associated costs and
fines may result in a lien being filed against your property.
2) File a criminal complaint: Each violation constitutes a misdemeanor and carries a maximum penalty of
six (6) months in jail and a $1,000.00 fine for each day the violation exists.
If you disagree with the findings contained herein you may submit a written appeal within ten (10) days
of the date of this Notice. A written Letter of Appeal should be submitted to the Community
Development Department at 919 Palm Street, San Luis Obispo, CA, 93401. The written appeal should
clearly state the specific finding or action you wish to appeal, the grounds therefore, and include any
substantiating documentation. Your appeal will be scheduled for the next available hearing and you will
be notified of the date, time and location of the hearing.
If you have questions, or would like to make an appointment to meet with me, please call me at (805)
781-7588. We look forward to working with you in resolving this matter.
Sincerely,
Cassia Cocina
Code Enforcement Officer
cc: File, Front Counter Code Enforcement Binder
Enclosures: Request for Director’s Review of Code Interpretation
Attachment 5
ARC1 - 31
City of San Luis Obispo
Zoning Regulations March 2015
Page 94
be reviewed for consistency with Secretary of Interior Standards for treatment of a
historic property.
2. Application Contents. A Determination of Code Consistency shall be approved prior
to the submittal of documents requesting construction approval. No additional
application fees for architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a
covenant agreement shall be recorded which discloses the structure’s approved
floor plan and status as a “secondary dwelling unit” and agreeing that the
property will be owner-occupied. This agreement shall be recorded in the office
of the County Recorder to provide constructive notice to all future owners of the
property. The covenant agreement also may contain authorization for annual
inspections, and to allow the City upon reasonable time and notice, to inspect the
premises for compliance with the agreement and to verify continued compliance
with requirements of this section and health and safety codes. If owner
occupancy is not possible, then the use will terminate, and the structure will be
returned to a condition compliant with applicable regulations, to the satisfaction of
the Director.
4. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080
(Appeals-Architectural Review).
F. Violations.
Violation of any of the provisions shall be basic code enforcement action.
17.21.020 Guest Quarters.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of guest
quarters as an approved accessory use to a primary residential unit.
2. Regulations on guest quarters are established to prevent conversion of guest
quarters into unpermitted living space to ensure that such structures are not used as
separate dwelling units.
3. Unpermitted conversion of guest quarters could result in effects detrimental to the
public health, safety, and welfare of the community, including but not limited to fire
and life safety threats, adverse neighborhood parking, traffic congestion and noise
impacts, and creation of nuisances related to increased, unpermitted residential
density without appropriate permit conditions and mitigations, and the maintenance
of unsafe or unsanitary permanent living quarters not permitted or intended to
support primary residential uses.
B. Applicability.
1. This section applies to guest quarters as defined in section 17.100.G. “Guest
Quarters” and provided below:
a. Guest Quarters. A separate accessory space, attached or detached, which
contains bathroom facilities including toilets, bathing facilities, showers, or sinks
but does not contain a kitchen (see kitchen definition in section 17.100 K). Guest
Attachment 6
ARC1 - 32
City of San Luis Obispo
March 2015 Zoning Regulations
Page 95
quarters may only be used in conjunction with a primary residence that contains
a kitchen and may consist of detached structures or additions to primary
structures. Guest quarters shall be no larger than 450 square feet. Guest
quarters shall comply with the requirements of this section.
2. This section does not apply to legally established dwellings, or secondary dwelling
units and accessory structures which are separately defined in sections 17.21.010
and 17.21.030 respectively.
3. This section does not apply to legally established guest quarters (previously titled
guest houses) permitted prior to the effective date of this ordinance (August 14,
2014).
C. General Requirements.
1. Guest quarters shall conform to all applicable zoning regulations such as height,
yards, parking, building coverage, etc., and shall be subject to the following
provisions:
a. Density and Size. The structure must be consistent with density provisions and
development standards of the underlying zone. For the purposes of calculating
density in multi-family zones, guest quarters will be considered an additional
bedroom, accessory to the primary unit. The structure may not exceed 450
square feet and shall remain in an open floor plan (studio configuration).
b. Areas where guest quarters may be allowed. Upon meeting the requirements
in this section, guest quarters may be established in the following zones: R-1, R-
2, R-3, R-4, and O, when the primary use on the site is a single-family dwelling.
c. Areas prohibited. Guest quarters shall not be allowed on non-conforming lots.
Guest quarters shall not be established in any condominium or planned
development project unless specifically addressed in the planned development
ordinance as adopted or amended, or any mobile home subdivision or trailer
park.
d. Owner Occupancy. The property must be occupied by the property owner as
the owner’s primary place of residence. If a property can no longer be occupied
as the owner’s primary place of residence, the guest quarters may continue to be
used as habitable space (e.g. office, pool house, art studio) but can no longer be
used as overnight sleeping quarters,
e. No separate rental. Guest quarters may not be rented separately from the
primary dwelling unit.
f. No kitchen facilities. No facilities meeting the definition of a “Kitchen” in
17.100.K. may be installed and plumbing shall be provided for bathroom use
only. No plumbing may be provided to “wet bars”, dishwashers, or any features
which could be used for a kitchen. Plans approved for construction of guest
quarters shall not include countertops or plumbing designed for subsequent
installation of sinks, dishwashers, garbage disposals, or any other features
consistent with the definition of a “Kitchen”.
D. Procedure Requirements.
Prior to filing building plans with the City Building Division, the following shall be met:
1. Architectural Review Required. All requests shall be reviewed for consistency with
the City’s Community Design Guidelines and architectural review ordinance. The
Director shall determine, upon receiving a complete application, whether the project
shall be forwarded to the Architectural Review Commission for review. All new
Attachment 6
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City of San Luis Obispo
Zoning Regulations March 2015
Page 96
development projects within Historic Districts or within properties that contain
designated historic structures shall be referred to the Cultural Heritage Committee to
be reviewed for consistency with Secretary of Interior Standards for treatment of a
historic property.
2. Application Contents. A Guest Quarters Permit shall be approved by the Director
prior to the submittal of documents requesting construction approval. No additional
application fees for architectural review shall be required.
3. Additional Requirements.
a. Owners Agreement with the City. Prior to the issuance of construction permits a
covenant agreement shall be recorded which discloses the structure’s approved
floor plan and status as “guest quarters”, which cannot be used as an
independent dwelling unit, and may only be used in conjunction with the primary
residence that contains a kitchen. This agreement shall be recorded in the office
of the County Recorder to provide constructive notice to all future owners of the
property. The covenant agreement also may contain authorization for annual
inspections, and to allow the City upon reasonable time and notice, to inspect the
premises for compliance with the agreement and to verify continued compliance
with requirements of this section and health and safety codes. If a property can
no longer be occupied as the owner’s primary place of residence, the guest
quarters may continue to be used as habitable space (e.g. office, pool house, art
studio) but can no longer be used as overnight sleeping quarters,
E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66
(Appeals).
17.21.030 Accessory Structures.
A. Purpose and Intent.
1. The purpose of this section is to establish regulations for the development of
accessory structures such as a garage, storage shed, or shop building as an
approved accessory use.
2. Regulations on accessory structures are established to provide a distinction between
non-habitable accessory structures (e.g. garage, storage shed, shop building) and
accessory living spaces (e.g. secondary dwelling units, guest quarters, office, pool
house, etc.). These regulations establish standards which prevent the conversion of
accessory structures into unpermitted living space to ensure that such structures are
not used as separate dwelling units.
3. Unpermitted conversion of accessory structures is detrimental to the public health,
safety, and welfare of the community.
B. Applicability.
1. This section applies to accessory structures as defined in section 17.100.A.
“Accessory Structures” and provided below:
a. Accessory structures. “Accessory structures” are located upon the same site
as the structure or use to which it is accessory. Accessory structures may consist
of detached structures or additions to primary structures. The use of an
accessory structure is incidental, and subordinate to the use of the principle
Attachment 6
ARC1 - 34
128 Chorro Street – Plan Submittal 1981
Existing Single Car driveway approach “Old Garage” Unpermitted Addition
“Old Garage” structure showing footprint
with addition. Placement of addition shows that
the structure at this time could accommodate
only a single vehicle entrance
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