HomeMy WebLinkAbout03-07-2016 ARC Item 3 - 128 Chorro Street Appeal
ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT
SUBJECT: Review of an appeal of the Community Development Director’s action 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
VIA: Tyler Corey, Housing Programs Manager TAC
FILE NUMBER: GUST-1645-2015 FROM: Doug Davidson, Deputy Director DD
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
On July 7, 2015, the applicant applied for a review of a 322 square-foot guest quarters in the R-1
(Low-Density Residential) Zone on a property containing a Contributing Historic Resource. The
proposed project included a conforming addition to an existing non-conforming structure. The
outcome of the project will be an accessory structure containing a single car garage and a guest
quarters.
The project was reviewed and approved by the Community Development Director on August 27,
2015. The approval was appealed on September 7, 2015, on the grounds that the project constitutes
Meeting Date: March 7, 2016
Item Number: 3
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a garage conversion that should not be supported and that potential noise concerns were not
properly addressed (Attachment #4).
The ARC was presented with the project on November 16, 2015. The result of this meeting was a
continuance to a date uncertain of the project with direction from the Commission to explore a
change in layout that would be satisfactory to the applicant and appellant. The applicant has
responded to ARC direction and made modifications to the project.
1.0 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.
2.0 PROJECT INFORMATION
2.1 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.
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)
2.2 Project Description
The revised project consists of the removal of an unpermitted addition made to the legal non-
conforming accessory structure, and the construction of a non-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.
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The proposed project includes the following significant aspects:
Removal of non-permitted addition;
Reestablish a portion of the accessory structure to be used as garage; and
Construct a 273 square-foot addition, creating a 447 square-foot Guest Quarters.
3.0 PROJECT ANALYSIS
As stated above, this project was previously presented to the ARC on November 16, 2015. The
outcome of that meeting was to continue the project to a date uncertain with specific direction from
Commissioners to explore a change in layout that would be satisfactory to the applicant and
appellant. These directional items were proposed as a way to meet the desired outcome of the
applicant while addressing the concerns of the appellant.
The following project analysis is focused on the directional items provided by the Commission and
the changes made to the project in response to that direction. A more in-depth analysis in relation to
the specifics of the appeal, site analysis and compliance with the Zoning Regulations is available in
the initial staff report (Attachment #5).
3.1 Commission Direction and Applicant Response:
Interchange the placement of the guest quarters and the single car garage: In the original
submittal the proposed guest quarters was located within the east portion of the accessory
structure with a small addition made to the front of the structure. This was cause for concern
by the appellant because the structure had little setback from the property line, and this
arrangement could result in noise impacts to the neighboring (appellant’s) property.
The Commission’s direction to the applicant was to explore the possibility of locating the
guest quarters on the west side of the structure, and placing the single car garage on the east
side of the structure. This would minimize the noise concerns for the neighbor to the east.
The applicant has modified the project to interchange the placement of the garage and guest
quarters within the existing accessory structure. The garage portion is now proposed to be on
the east side of the structure with the guest quarters located on the west. The proposed
addition is now also located on the west side of the structure. Placing the guest quarter and
addition here will minimize the potential of noise impacts to the east.
Removal of operable windows or skylights facing east: The original proposal included two
operable skylights to be installed on the east facing roof of the accessory structure. This was
cause for concern by the appellant as skylights in this location could increase or possibly
amplify noise from the accessory structure, which has little setback from the property line.
The Commission advised against placing operable skylights or windows facing east.
The project has been modified as to not include any east-facing operable skylights or
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windows. This includes the existing east facing window to be removed. This is consistent
with the direction provided by the Commission.
The revised project also does not include any windows or operable skylights facing north,
which will minimize the potential for noise impacts to the other neighboring property as
well.
3.2 Additional Staff Analysis of Revised Project
Requested reduced setback from the north property line: The proposed addition is four feet
from the north property line, which requires the approval of a setback reduction. Per Zoning
Regulations Section 17.16.20(e)(2), upon approval of a use permit, the Director may allow
other yards (side and rear yards) to be reduced to zero in some instances when the reduction
is for a minor addition to an existing legal structure which is non-conforming with regard to
yard requirements. The applicant is requesting a four-foot setback where normally five is
required. This reduction will help accommodate the desired width of the addition while
leaving adequate separation from the main residence for a walkway. This setback reduction
is minor in nature, consistent with the development pattern of the neighborhood, and will
allow for the applicant to successfully carry out ARC direction. The City’s Zoning
Regulations enable the ARC to approve use permits for minor site development exceptions.
4.0 CONCLUSION
The applicant has modified the project to address ARC direction. The resulting proposal 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 has
also been found to be consistent with the overall design and detailing of the accessory
structures, and compatible with the existing residence.
5.0 ALTERNATIVES
1. Uphold the appeal and deny the project based on inconsistency with the Zoning Regulations
and applicable City regulations. The ARC should specify findings.
2. Continue action on the project, if more information is needed. Direction should be given to
staff and the applicant regarding additional information needed to make a decision.
6.0 ATTACHMENTS
1. Resolution
2. Vicinity map
3. Revised Project plans
4. Appeal application and letter with appellant’s attachments
5. ARC Agenda Report from November 16, 2016
6. ARC Minutes from November 16, 2016
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RESOLUTION NO. ####-16
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 MARCH 7, 2016
(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 at a public hearing on November 16,
2015, continued the project to a date uncertain, with directional items; 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
March 7, 2016, 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, the project is consistent with the City’s Zoning Regulations because it
meets the requirements for a guest quarters.
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Resolution No. ####-16
File Number GUST-1645-2015 (128 Chorro Street)
Page 2
4. A reduced other yard setback is acceptable at the subject location because the exception is
for a minor addition to an existing legal structure which is non-conforming with regard to
yard requirements.
5. The project has been revised to reduce potential noise issues to neighbors because the guest
quarters has been moved to the eastern portion of the accessory structure and operable
skylights have been removed from the eastern portion of the roof.
6. Granting of this exception will not alter the overall character of the neighborhood or the
streets appearance because the proposed structure is located near the rear of the property
and the building’s placement and massing are consistent with the neighborhood
7. 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 where there will be no significant effect on the
environment.
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.
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Resolution No. ####-16
File Number GUST-1645-2015 (128 Chorro Street)
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5. 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.
6. Two parking spaces shall be provided on site; one within the single car garage, and the
second provided in the driveway leading to the west side of the existing accessory
structure. The driveway and parking shall be designed in such a way that access to the
garage is not prevented by a vehicle parked in the second approved parking space, to be
shown clearly on plans filed for building plan check approval.
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.
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. The covenant agreement shall also state that 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. 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.
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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.
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.
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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 tree
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
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 7th day of March, 2016.
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Resolution No. ####-16
File Number GUST-1645-2015 (128 Chorro Street)
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____________________________________
Doug Davidson, Liaison
Architectural Review Commission
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VICINITY MAP GUST-1645-2015128 CHORRO STREET ¯
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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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GUST-1645-2015
128 Chorro Street
Page 6
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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DRAFT
SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION MINUTES
November 16, 2015
ROLL CALL
Present: Commissioners *Patricia Andreen, Ken Curtis, Amy Nemcik, Allen Root,
Angela Soll, and Chairperson Greg Wynn
*Arrived at 6:05 p.m.
Absent: Vice-Chair Suzan Ehdaie
Staff: Interim Community Development Liaison Marcus Carloni, Associate
Planner Rachel Cohen, Assistant Planner Walter Oetzell, Planning
Technician Kyle Van Leeuwen, Consultant John Rickenbach, and
Recording Secretary Sarah Reinhart
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
MINUTES
The minutes of October 5, 2015 were approved as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
There were no further comments made from the public.
PUBLIC HEARINGS
Commissioner Andreen recused herself from this item because she resides near the
subject property.
Commissioner Soll stated she spoke with the applicant and the appellant prior to the
hearing.
1. 128 Chorro Street. APPL-1974-2015; Review of an appeal of the Director’s approval
of a Guest Quarters permit (GUST-1645-2015); R-1 zone; Holly and Tony Garcia,
applicants; Jon Hanlon, appellant.
Planning Technician Kyle Van Leeuwen presented the staff report, recommending a
resolution of the City of San Luis Obispo Architectural Review Commission denying the
appeal and upholding the Community Development Director’s action to approve a guest
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Draft ARC Minutes
November 16, 2015
Page 2
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),
based on findings and subject to conditions, which he outlined.
In response to inquiries by Commissioner Nemcik, Planning Technician Van Leeuwen,
stated that the Cultural Heritage Committee would not be reviewing this project; noted
that a covenant agreement (for the guest quarters to be utilized as a bedroom only in
connection with an owner occupied residence) would be in place.
Planning Technician Van Leeuwen answered Commission inquiries, regarding
architectural compatibility, zoning code limitations, historic use of the accessory
structure, owner occupancy requirements, size of garage, and parking space
requirements.
PUBLIC COMMENTS
Chair Wynn acknowledged correspondence received from the Public.
Appellant, Jon Hanlon, San Luis Obispo, neighbor to the subject property, urged the
Commission to uphold the appeal if noise mitigation efforts are not addressed; voiced
concerns with the space changing from a non-occupied to an occupied space in a
structure that has little to no setbacks from the property line, citing a previous
application from 1981 in which the City acknowledged that setbacks were an issue.
Mr. Hanlon shared concerns over his property value diminishing; objected to operable
windows and skylights on the eastside of the proposed and existing structures;
requested the Commission ensure that the conditions in the staff report meet zoning
regulations and standards; requisitioned that all of the Director’s findings be included in
the final resolution, indicating that they are not included in the draft resolution.
Applicant, Antonio Garcia, San Luis Obispo, stated he poses minimal impact to
neighbors as a part-time resident, owning his home for 40 years without contention with
his neighbors; clarified the intent of the project is to remove an unpermitted addition to a
secondary structure, restore the garage portion of the structure to its original use, and to
create a 322-square foot addition in the R-1 zone intended to be used as guest-living
quarters for short term visitors not as a rental unit; expressed willingness to comply with
all zoning regulations and abide by conditions and covenants; indicated this would be
an improvement to his home and the neighborhood; asserted willingness to
accommodate the appellant by not installing operable windows facing east; maintained
the skylights would be operable and needed for ventilation.
Mr. Garcia stated the staff recommendations addressed the appellants concerns;
clarified that the 1981 proposal was not denied due to setback issues.
There were no further comments made from the public.
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Draft ARC Minutes
November 16, 2015
Page 3
COMMISSION COMMENTS
Chair Wynn suggested interchanging the placement of the guest quarters and single car
garage to create a satisfactory layout for the appellant and applicant.
Interim community Development Liaison Carloni reminded the Commission of its ability
to continue the project to a date uncertain.
The appellant expressed interest in finding an amicable solution but maintained
opposition toward operable windows and skylights facing his property due to potential
shading issues and the obstruction of his current view.
Chair Wynn expressed agreement with the appellant’s concerns and advised against
skylights and windows facing east.
In response to inquiry by Commissioner Nemcik, Chair Wynn clarified that current
standards indicate tandem parking cannot be used for garage conversion.
In response to inquiry by Commissioner Root, Interim Community Development Liaison
Carloni clarified the depth of parking space is 18.4 feet.
Commissioner Curtis voiced agreement with Chair Wynn’s statement; noted being
unpersuaded by evidence in the staff report in regard to the original use of the two car
garage; spoke in favor of continuing the project in light of there being no additional
parking requirements.
Planner Technician Van Leeuwen clarified that the parking condition was removed from
the final resolution because a new tandem parking scenario was not being proposed
and the condition was not necessary.
Commissioner Soll acknowledged having prior meetings with both the applicant and
appellant.
There were no further comments made from the Commission.
On motion by Chair. Wynn, seconded by Commissioner Soll to continue to a date
uncertain.
AYES: Commissioners Root, Nemcik, Wynn, Curtis, Soll
NOES: None
RECUSED: Commissioner Andreen
ABSENT: Vice-Chair Ehdaie
The motion passed on a 5:0 vote.
ARC3 -37