PC 2017-12-05 08b Appeal 17-003 Linda Drive
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: SAM ANDERSON, PLANNING TECHNICIAN
SUBJECT: CONSIDERATION OF APPEAL CASE NO. 17-003; APPEAL OF
DETERMINATION RELATING TO VIEWSHED REVIEW 17-009; 178
SQUARE FOOT ROOFTOP DECK ADDITION; LOCATION – 1211
LINDA DRIVE; APPELLANT – NANCY WALSH
DATE: DECEMBER 5, 2017
SUMMARY OF ACTION:
Denial of the appeal will allow the construction of a 178 square foot rooftop deck.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission deny Appeal Case No. 17-003,
reaffirming the approval of Viewshed Review Case No. 17-009.
BACKGROUND:
Location
The subject property is zoned Single Family (SF) (Attachment 1) and requires a Minor
Use Permit – Viewshed Review for new two story construction of an 178 square foot
rooftop deck.
The viewshed review process is intended to preserve the existing scope and character
of established single-family neighborhoods and to protect views and aesthetics and
other property values in such neighborhoods in a manner that is compatible with
reasonable expansion on existing developed lots.
On October 23, 2017, the Community Development Director approved Viewshed
Review Case No. 17-009 for the construction of a new 178 square foot rooftop deck.
Pursuant to Development Code Section 16.16.110, a notice of approval for the
Viewshed Review was sent to all property owners within 300’ of the project site. An
appeal of the project was submitted on November 7, 2017 (Attachment 2).
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION 17-003
DECEMBER 5, 2017
PAGE 2
The appellant has indicated reasons for appeal based on the impact to privacy of
neighboring properties and lack of cohesion with existing neighborhood character and
design.
Project Description
The applicant is proposing to construct a new 178 square foot rooftop deck above a
single story addition. The subject property originally obtained a Building Permit for a 482
square foot single story addition. During construction, the applicant and contractor
modified the project to include a rooftop deck above the single story addition. The
contractor was not aware that a Viewshed Review was required for the deck. The
construction was red-tagged by the Building Division, resulting in the halfway
constructed appearance currently visible.
Subsequently, the project was applied for on September 25, 2017. On October 23,
2017, the Community Development Director approved the project after making the
appropriate findings due to the limited visual impact and minor nature of the addition,
especially in light of recent direction to simplify the regulatory process regarding rooftop
decks.
ANALYSIS OF ISSUES:
Reasons for Appeal
The appellant has indicated two primary reasons for the appeal. The first is the visual
impact generated by the deck obstructing ocean views from across Linda Drive.
Although the project will create a visual impact due to the guardrails, the rooftop deck is
set into the roof and will only exceed the peak of the roofline by approximately one foot
(1’). Additionally, guardrails are mandatory provisions in the California Building Code.
The second reason the appellant indicated for the appeal is the impact to the privacy of
neighboring properties, especially properties located lower on the hillside fronting North
Elm Street. When evaluating a Viewshed Review application, privacy of neighboring
properties is taken into careful consideration. The Viewshed Review process is in place
to attempt to balance and mitigate impacts to neighboring property privacy. However, in
light of reasonable development on a hillside property, two-story development will
generate privacy impacts for properties located lower on hillsides. Conditions of
Approval for the project are designed to reduce the impact created by projects such as
these. Additionally, further Conditions of Approval such as screening vegetation could
be required in order to mitigate the privacy impact created by the proposed project.
It should be noted that the rooftop deck design guidelines adopted November 28, 2017
would not have applied to this project due to the cantilever of the stairway accessing the
deck. The project is consistent with all applicable development standards.
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION 17-003
DECEMBER 5, 2017
PAGE 3
ALTERNATIVES:
The following alternatives are identified for the Planning Commission’s considerations:
1. Adopt the attached Resolution denying Appeal Case No. 17-003 and approving
Viewshed Review 17-009;
2. Modify and adopt the attached Resolution denying Appeal Case No. 17-003 and
approving Viewshed Review 17-009;
3. Do not adopt the attached Resolution, take tentative action to approve Appeal
No. 17-003 and provide direction on specific findings for denial of Viewshed
Review 17-009; or
4. Provide direction to staff
ADVANTAGES:
Denying the appeal will allow the project to move forward. The approval will allow for the
construction of a rooftop deck that meets the standards of the Development Code and is
a reasonable development of the property with conditions of approval to ensure a
quality project.
DISADVANTAGES:
The new structure will impact the neighboring properties as a result of the new addition
in existing viewsheds and the rear yard privacy of homes below the subject property on
the hillside. However, in light of allowing reasonable development of second stories, the
applicant has limited the impacts of the project by limiting the size and visual presence
of the rooftop deck when compared to a potential second story addition.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the project has
been determined to be categorically exempt per Section 15301(e) of the CEQA
Guidelines regarding small additions to existing structures.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300’ of the site, was
published in the Tribune, and was posted at City Hall and on the City’s website on
Friday, November 24, 2017. The Agenda was posted at City Hall and on the City’s
website in accordance with Government Code Section 54954.2. No comments have
been received beyond the appeal.
Attachments:
1. Location Map
2. Letter from appellant
3. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE DENYING APPEAL
CASE NO. 17-003 AND APPROVING VIEWSHED REVIEW
17-009; LOCATED AT 1211 LINDA DRIVE; APPLIED FOR
BY PIT IRONS; APPEALED BY NANCY WALSH
WHEREAS, on April 24, 2017, a Building Permit was issued for the construction of a 492
square foot single-story addition; and
WHEREAS, Work was stopped on the project due to the addition of an 178 square foot
rooftop deck to project plans;
WHEREAS, on September 25, 2017, the applicant submitted an application for Viewshed
Review 16-005 and Minor Exception 17-001 for a new 178 square foot rooftop deck; and
WHEREAS, on October 23, 2017, the Community Development Director approved
Viewshed Review 17-009; and
WHEREAS, a notice of the Community Development Director’s determination was mailed
to all property owners within 300’ of the project site to alert them of the approved request;
and
WHEREAS, on November 7, 2017 an appeal of the approval was filed by Nancy Walsh;
and
WHEREAS, the Planning Commission has reviewed the project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
project is exempt per Section 15301(e) of the CEQA Guidelines regarding small additions
to existing structures; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on December 5, 2017; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the following circumstances exist and findings can be made:
Viewshed Review Findings:
1. The proposed structure is consistent with the intent of Municipal Code Section
16.16.110;
The proposed structure will not, judged in light of permitting reasonable
development, degrade the existing scope and character of the established single-
family neighborhood by limiting the scale and height of the deck in order to avoid
creating an unreasonable impact to the area.
RESOLUTION NO.
PAGE 2
2. The proposed structure is consistent with the established scale and character of the
neighborhood and will not unreasonably or unnecessarily affect views of
surrounding properties;
The property is zoned Single Family (SF), which is meant to provide for residential
development on common sized suburban lots. The proposed rooftop deck, judged
in light of permitting reasonable development, is limited in scale and height, and
conforms to all applicable development standards.
3. The proposed addition will not unreasonably or unnecessarily interfere with the
scenic view from any other property, judged in light of permitting reasonable use
and development of the property on which the proposed structure or expansion is to
occur.
The proposed rooftop deck, judged in light of permitting reasonable development,
will not unreasonably or unnecessarily interfere with the scenic view from any
other property. The proposed deck, due to its limited scale, will extend above the
existing peak of the roofline by less than one foot (1’), and remains significantly
lower than the maximum height of thirty feet (30’) permitted in the SF Zoning
District.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Appeal Case No. 17-003 and approves Viewshed Review
17-009 as set forth in Exhibit “B”, attached hereto and incorporated herein by this
reference, with the above findings and subject to the conditions as set forth in Exhibit “A”,
attached hereto and incorporated herein by this reference.
On motion by Commissioner , seconded by Commissioner , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 5th day of December 2017.
RESOLUTION NO.
PAGE 3
ATTEST:
_______________________________ ___________________________
DEBBIE WEICHINGER GLENN MARTIN, CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
TERESA McCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 4
EXHIBIT “A”
CONDITIONS OF APPROVAL VIEWSHED REVIEW 17-009
1211 LINDA DRIVE
This approval authorizes the construction of a new 178 square foot rooftop deck at 1211 Linda Drive.
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The project shall substantially conform to the plans on file in the Community
Development Department, dated September 25, 2017.
3. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its agents, officers, or employees because of the
issuance of said approval, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney’s fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve the applicant of his/her obligations under this
condition.
4. The permit shall expire on December 5, 2019 unless a building permit is issued for
the project.
5. The exterior guard rail of the deck shall conform to the five foot (5’) side yard
setback as required in the Single Family zoning district.
BUILDING DIVISION
6. The applicant shall comply with the current California codes including
the specifically adopted City of Arroyo Grande provisions.
7. Prior to any additional work being done onsite, the applicant shall obtain all
necessary permits from the Building and Life Safety Division.
EXHIBIT "B"
1211 Linda Drive