DS 23-171 & LM 23-172 (Das): Consideration of a Final Design Study, Lot Merger, and associated Coastal Development Permit for the demolition of an existing 2,301-square-foot, one-story single-family residence with a 479-square-foot detached garage with 464-square-foot second-floor guesthouse, as well as 192 square feet of accessory structures and construction of a new 2,466-square-foot, one-story single family residence with a 478-square-foot attached garage located at the northeast corner of Sterling Way and Perry Newberry Way in the Single-Family Residential (R-1) District. APN: 009-162-025-000.

The applicant is requesting approval of a Track 2 Design Study for construction of a new two-story single-family residence.  The project received concept acceptance at the February 13, 2024 Planning Commission hearing with conditions of approval to address prior to scheduling for final details review which the applicant has addressed.

Adopt a Resolution (Attachment 1) approving a Final Design Study, Lot Merger, and associated Coastal Development Permit for the demolition of an existing 2,301-square-foot, one-story single-family residence with a 479-square-foot detached garage with 464-square-foot second-floor guesthouse, as well as 192 square feet of accessory structures and construction of a new 2,466-square-foot, one-story single family residence with a 478-square-foot attached garage located at the northeast corner of Sterling Way and Perry Newberry Way in the Single-Family Residential (R-1) District. APN: 009-162-025-000.

The project site is an 8,480 square-foot building site developed with an existing 2,301-square-foot one-story, single-family residence with a 479-square-foot attached garage with 464-square-foot second-floor guesthouse, as well as 192 square feet of accessory structures

The existing one story residence is finished primarily with horizontal wood siding with hipped composition shingle roof forms throughout. The applicant is proposing to demolish more than 50% of the existing building walls, which is defined as a demolition in the municipal code, and rebuild a new one-story 2,466 square foot single family residence with a 478 square foot attached garage. Staff notes the applicant has indicated that only 47% of linear feet of exterior walls are proposed for removal, however, staff does not concur with this assessment as “the nonconforming portions of any wall is counted as removed or taken down, even when retention of these portions is proposed” (CMC 17.70 - Demolition) which was not taken into consideration by the applicant in preparing this calculation and therefore the length of wall  counted as “demolished” would exceed the 50% even though some portions are proposed to remain. The linear wall calculation also did not appear to take into consideration the wall length of the second floor of the garage -only the first floor.

The applicant is proposing to retain a section of non-conforming wall located within the front setback, however, despite the feature being physically retained, it is considered to be demolished which determines whether the structure meets the definition of a demolition.

The applicant is also proposing an 791 square foot detached accessory dwelling unit (ADU).  The square footage of the ADU was not included in the square footage for the new residence, as described above, or the proposed total square footage of the new residence, however, has been described herein as reference as the ADU is shown on the project plans (Attachment X). The resulting square footage of the site, including the ADU, is 3,735 square feet. 

In accordance with Gov. Code, § 65852.2 (emphasis added in bold), “A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing…. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.” As such, the ADU shall not be discussed at this hearing and is only described above for reference.  Questions regarding the ADU can be directed to the Community Planning and Building Department staff outside of the public hearing.

The project was considered by the Planning Commission at the January 24, 2024 (click here for staff report; click here for video of hearing) and the concept Design Study was accepted (Resolution 2024-013-PC) with conditions of Approval to be addressed prior to scheduling for final details review. 

Previous Hearing: The following items were discussed at the June 8, 2022 Planning Commission hearing and listed as draft conditions of approval to address the concerns.

1.       Volume Study. The required Volumetric Study shall be successfully completed prior to scheduling for Final Details Review. The applicant shall provide one full size printed set of plans following Concept Hearing to the Community Planning and Building Department as part of the required Volume Study. Any additional changes required by the Planning Commission at the Concept Hearing that would affect volume (changes in massing, heights, site planning, grading, etc) shall be incorporated into the plans submitted for the volume study.

Staff Analysis: The project successfully passed the volume study.  The site is allowed 39,720 cubic feet of volume and the project is proposes 37,163.33 cubic feet.

2.       Nonconforming Building Description. Prior to scheduling for Final Details Review, the applicant shall provide a detailed written description to the Community Planning and Building Department outlining how the nonconforming portions of the building located in the front setback are proposed to remain and not be demolished through construction.

Staff Analysis: The applicant has provided a detailed description of the requirement outlined above.  This description has been included as Attachment 3. The letter was prepared by the contractor for the project and describes the methods for which the wall is proposed to be maintained through construction.  

3.       Forest and Beach Commission/Tree Density. Prior to scheduling for Final Details Review, the project shall be reviewed by the Forest and Beach Commission to determine the appropriate number of upper and lower canopy trees for the site and the additional planting requirement, if any. Any additional required new trees shall be incorporated into the revised plans submitted to the Community Planning and Building Department for Final Details Review. The size, species, and locations shall be clearly indicated in the plans and are subject to approval of the Forest and Beach Commission and/or the City Forester as appropriate. 

Staff Analysis: The city forester informed staff the appropriate tree density for the site is 5 upper canopy trees and 4 lower canopy trees. The site contains five (5) existing trees on-site (excluding one existing tree proposed for removal) and one (1) proposed lower canopy tree (as proposed, the project would result in a total of 6 trees on-site). The city forester has recommended that a total of four (4) additional trees (trees in addition to existing number) be planted on site with no more than one (1) tree planted in the right-of-way. As recommended by the forester, the project would result in a total of nine (9) trees on-site. This recommendation has been included as Condition of Approval #36. 

4.       Right-of-Way Encroachments. Prior to Building Permit Issuance, the applicant shall apply for and obtain a permanent encroachment permit for any unpermitted encroachments within the public right-of-way.  Any encroachments that are denied, or not approved, shall be noted for removal, as appropriate, on the plans submitted to the Community Planning and Building Department associated with the Building Permit application and indicate all unpermitted right-of-way encroachments shall be removed as part of the project. A right-of-way improvement plan (ex. landscaping) shall accompany the revised plan set, as appropriate. 

Staff Analysis: At the concept hearing, the Planning Commission adopted the above condition to be included in the final Conditions of Approval for the project (Attachment 1).  The applicant has revised the plans to omit the existing right-of-way encroachment (refer to Attachment 4), however, the applicant may pursue the maintenance of the encroachment prior to building permit issuance as described above.  The condition noted above has been maintained as Condition of Approval #35 should the applicant elect to purse approval of the associated encroachment permit.

Staff has recommended the amended language in Condition of Approval #35, below, for further clarification (revisions to draft amendment noted in BOLD):

Prior to Building Permit Issuance, the applicant shall apply for and obtain a permanent encroachment permit for any existing unpermitted encroachments within the public right-of-way, or new improvements proposed to be located for the right-of-way.  Any encroachments that are denied, or not approved, shall be noted for removal, as appropriate, on the plans submitted to the Community Planning and Building Department associated with the Building Permit application and indicate all unpermitted right-of-way encroachments shall be removed as part of the project. A right-of-way improvement plan (ex. landscaping) shall accompany the revised plan set, as appropriate.

Finish Details: The applicant is proposing to finish the new residence with a combination of stucco and stone.  The siding is proposed to be painted Dirty Martini by Sherwin Williams (click here for product specification). The proposed stone is a thin stone veneer with a Tuscan gold finish that is proposed to be used on building elements throughout the project.

The pitched roof elements are proposed to be a clay tile roof and the flat roof portion not visible from the street is proposed to be a tar and gravel roof. The  exterior doors and windows are proposed to be manufactured by Sierra Pacific and have an aluminum clad exterior with wood core interior. The windows and doors are proposed to be colored Regal Brown (click here for product specification). 

The applicant has also proposed the include of white-oak header beams over selected windows and doors, redwood rafter rails, and galvanized painted half round gutters with round downspouts painted brown to match the rafter tails and windows. 

Exterior Lighting: Condition of Approval #12 requires: “Exterior lighting shall be limited to 25 watts or less (incandescent equivalent, i.e., 375 lumens) per fixture and shall be no higher than 10 feet above the ground.  Landscape lighting shall not exceed 18 inches above the ground nor more than 15 watts (incandescent equivalent, i.e. 225 lumens) per fixture and shall be spaced no closer than 10 feet apart. Landscape lighting shall not be used for tree, wall, fence or accent lighting of any type. The purpose of landscape lighting is to safely illuminate walkways and entrances to the subject property. All fixtures shall be shielded and down facing.”

The applicant has proposed one style of landscape light, one wall sconce, and a step light .  All light fixtures comply with the associated lighting requirements and Residential Design Guidelines. Refer to Attachment 4, Sheet L2.   

Landscaping/Site Coverage: A landscape plan has been included on Sheet L1.0 of the project plans.  Condition of Approval #23 has been maintained stating forester review and approval prior to Building Permit issuance should any changes or modifications be made to the landscape plan.

The site is permitted 1,036 square feet of site coverage improvements based on the incentives afforded to the applicant for merging the building sites (CMC 17.10.040.B.2.c).  This figure also includes the standard permeability bonus that is granted for all building sites provided at least 50% of the improvements are permeable or semi-permeable. The applicant is proposing a total of 1,010 square feet of site coverage improvements including 627 square feet (62%) permeable/semi-permeable improvements split between a 272 square foot paver patio and a 248 square foot paver driveway, and various landings and walkways.  The remaining impervious site coverage consists of various entry landings, walkways, steps, and other site amenities, such as: a fire pit, a BBQ, a fountain, and a hot tub.

Public Correspondence:

At the time of writing this report, staff has not received applicable communication on the project specific to the revised design. Staff will forward any comments to the Commission as they are received. 

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 15303 (Class 3) – New Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to: One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The project consists of the construction of a single-family residence in the single-family (R-1) zoning district as well as associated accessory structures. 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.