DR 23-329 (Minnich): Consideration of a Track 1 Design Review Referral for the conversion of a commercial rooftop to an accessible roof top deck for use by residential units. The scope of work includes new roof access, new waterproofing, installation of new railings, and installation of a new parapet cap. The project is located at San Carlos Street 2 northwest of 8th Avenue in the Residential and Limited Commercial (RC) District. APN: 010-145-021-000.

The applicant has submitted a Design Review application for the conversion of the inaccessible roof of a mixed-use building to a useable roof-top deck.  Staff has referred this to the Planning Commission as recent applications for roof top decks in the commercial districts have raised concerns due to their potential impacts to adjacent properties.   

Staff recommends the Planning Commission adopt a Resolution (Attachment 1) approving a Track 1 Design Review Referral for the conversion of a commercial rooftop to an accessible roof top deck for use by residential units. The scope of work includes new roof access, new waterproofing, installation of new railings, and installation of a new parapet cap. The project is located at San Carlos Street 2 northwest of 8th Avenue in the Residential and Limited Commercial (RC) District. APN: 010-145-021-000.

The project site is an 8,000 square foot building site located on San Carlos Street 2 northwest of 8th Avenue in the Residential and Limited Commercial (RC) Zoning District. The structure was developed as a commercial structure; however, a building permit was issued in February 2023 for the conversion of the second-floor office spaces to be converted into three apartments (permitted density –no use permit or Design Review required).  Additional subsequent Design Review and building permit revisions have been submitted since the initial permit issuance for minor exterior changes such as window additions and replacements, water proofing, and skylight additions.  At the time of writing this report, one apartment has been completed and the two additional apartments are planned to be completed later during the on-going construction.

The applicant has submitted a Design Review Application for the addition of roof top deck. The deck is proposed to be converted from within the existing boundary of the parapet of the existing roof of the structure.  The property owner, who is also a tenant of one of the units, has indicated to staff the deck is intended to be used by the property owner and their family and friends. Additionally, any future residential tenants would potentially have access too in addition to regular access provided to maintenance personnel. The deck is not intended to be used by commercial tenants or be accessed by the public. The roof deck would be accessed via a new staircase accessible from the 2^nd level of the building through a locked gate and would be split into two areas: a “waterproof deck” and a “pedestal paver deck” (as described on the plans). 

The waterproof deck is proposed to be 213 square feet, would serve as a utility area, and does not appear to serve any amenity or recreational function. While not the primary programming space of the deck, access still does appear to be provided through a small door. A new 6” tall railing would be installed above the existing parapet wall.

The pedestal paver deck (“paver deck”) is proposed to be 545 square feet, would serve as the primary programming area on the roof. A platform would be built-up approximately 1’2” above the existing walking surface of the roof and finished with concrete pavers and a new 1’8” cable railing guard rail would be installed on top of the existing parapet wall.

Figure 1. Proposed roof deck area. Red area is the pedestal paver deck (“paver deck”); Green area is the stair and circulation area; Blue area is the maintenance area.    

While minimal exterior changes to the building are proposed, staff has referred this application to the Commission as the Commission has reviewed prior requests to roof top decks within the commercial districts closely as decks have been seen as site amenities that have the potential to negatively affect adjacent property owners and tenants. While past requests for similar amenities have been limited, requests for these features have generally been requested as part of a larger development project that was already before the Commission for other associated worked and not as an application for a standalone roof deck. As this is a standalone application for a roof deck, this referral is intended to allow the commission to provide direction on the subject application, as well as policy direction regarding applications for standalone roof decks in the commercial districts.    

The municipal code and the Commercial Design Guidelines are silent on roof top decks in the commercial districts. In the past, the Commission has expressed concerns regarding the inclusion of a large roof deck that would be accessible to all tenants of a building siting that it would create privacy impacts (visual and noise) to neighbors. On both residential (mixed-use) and wholly commercial projects, the commission has reviewed roof top decks closely to ensure their inclusion does not impact adjacent property owners and/or tenants.  In the past, projects with roof top decks have been required to either remove the deck from the scope of work entirely, or have been conditioned by the Commission to include design features that would minimize impacts to adjacent properties (ex. built-in features that would reduce the size of the deck area, screening features, etc.).

As indicated by the property owner, the subject rooftop deck is intended for private use by the property owner, and potentially made available to the tenants of the two additional future residential units. In discussion with the city’s Building Official, the maximum occupancy of the roof deck would be ten (10) persons due to the regulations outlined in the California Building Code (2022 CBC Section 1006.3). 

Staff also surveyed the immediate area from the ground.  Story poles were installed on-site to illustrate the height(s) of the new railing and the story poles were minimally visible from the adjacent right-of-ways (primarily from the rear when viewed near 8^th Avenue and Dolores Street but are not visible from the front of the building on San Carlos Street) and could be seen from neighboring properties. Nearly all of the adjacent properties are mixed-use or residential developments, however, as staff was only able to assess the project from ground level (the roof is currently inaccessible) the immediate impacts to the adjacent residential units is not fully known. However, the proposed roof deck generally sits above (higher than) the proposed residential units and is located within a hipped roof form inside of a parapet wall and therefore any direct line of sight is obstructed or distant. Additionally, access to the deck from one (1) to three (3) residential units and a ten (10) person occupancy capacity minimizes the potential for adverse impacts to adjacent owners/tenants.  At the time of writing this report, staff has not received any correspondence on the project.

Refer to Attachment 2 for Figures #2-#5

Based on the limited occupancy capacity and limited number of potential persons whom can access the roof as well as the central location on the roof that is screened by the hipped roof forms, staff recommends approval of the proposed roof deck.  Notwithstanding this recommendation, staff has included a number of Conditions of Approval regarding the use and appearance of the proposed deck to ensure consistency with the zoning code, building code, and applicable Commercial Design Guidelines, such as requirements pertaining to lighting, materials, and capacity.  These conditions have been included as Conditions of Approval #16-#19 listed in Attachment 1.    

Staff recommends the project be found categorically exempt from the California Environmental Quality Act (CEQA), State CEQA guidelines and local environmental regulations, pursuant to Section 15301 (Class 1) – Existing Facilities. Class 1 exemptions include, alterations to existing private structures involving negligible or no expansion of the existing or former use. The project consists of converting the roof of an existing mixed-use building to a usable roof deck limited to the use of the residential units. The project does not change the existing or former use of the property as a mixed-use development and the project does not present any unusual circumstances that would result in a potentially significant environmental impact, and no exceptions to the exemption exists pursuant to Section 15300.2 of the CEQA Guidelines.