CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

June 8, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Interim Community Planning and Building Director

Subject:

Consideration of the re-issuance of a Design Study (DS 16-171) and

associated Coastal Development Permit with revisions for the
construction of a new single-family residence located in the Single-Family
Residential (R-1) Zoning District located in the Single-Family Residential
(R-1), Park Overlay (P) and Very High Fire Hazard Severity (VHFHS) Zoning
Districts

Recommendation:
Approve the Design Study (DS 16-171) and the associated Coastal Development Permit subject
to the attached findings and conditions
Application:
Location:
Block:
Applicant:

DS 16-171
APN: 010-121-021
Mission Street 2 SW of First Avenue
11
Lots: 7
Brian Congleton
Property Owner: Peter and Susan Loewy

Background and Project Description:

On November 13, 2013, the Planning Commission approved a Design Study (DS 13-69)
application for the construction of a new 1,027-square foot guesthouse on the south end of a
16,000-square foot property, which is comprised of four separate lots. The property is located
at the southwest corner of Mission Street and First Avenue and is developed with the historic
Forest Hill School building built in 1921.
The applicant had originally desired to construct a new residence on the south lot, but was
unable to obtain a water meter and a result decided to build a guesthouse instead. Staff notes
that per Monterey Peninsula Water Management District regulations, a new residence would

27

DS 16-171 (Loewy)
June 8, 2016
Staff Report
Page 2

require the installation of a new water meter, while a guesthouses can connect to the existing
water meter that services the main residence. With the availability of water credits from
Malpaso Water Company, the applicant is now able to obtain a water meter allowing the
construction of a single-family residence. A guesthouse is different from a single-family
residence in that the allowed floor area is more restrictive and it is not permitted to have a
kitchen.
The Design Study permit has since expired and the applicant is now requesting a re-issuance
with revisions necessary to convert the guesthouse into a single-family residence. Staff notes
that the residence is nearly identical in design to the originally approved guesthouse, with the
following revisions:

The square footage has been expanded from 1,027 square feet to 1,443 square feet.
A kitchen was added to the structure and an interior staircase.
The structure was shifted 3 feet south. The original setback from the south property
line was 15 feet. The applicant is now proposing a 12-foot setback from the south
property line.

The original approved plans are included as Attachment D and the revised plans are included as
Attachment F for comparison. The data table below has been revised to reflect the project
revisions.
PROJECT DATA FOR A 4,000-SQUARE FOOT SITE:
Site Considerations

Allowed

Existing

Proposed

Floor Area

1,800 sf (45%)

NA

1,443 sf (36%)

Site Coverage

556 sf (13%)

NA

561 sf (13%)

Trees (upper/lower)

3/1 trees

4/3

4/3

Ridge Height (1st/2nd)

18/24 ft.

NA

11 ft./20 ft.

Plate Height (1st/2nd)

12 ft./18 ft.

NA

8 ft.6 in./ 16 ft. 7 in.

Setbacks

Minimum Required

Existing

Proposed

Front

15 ft.

NA

15 ft.

Composite Side Yard

25 ft. (25%)

NA

15 ft. (37.5%)

Minimum Side Yard

3 ft./5 ft.

NA

3 ft./12 ft.

Rear

3 ft.

NA

45 ft.

28

DS 16-171 (Loewy)
June 8, 2016
Staff Report
Page 3

Staff analysis:
Permit Re-Issuance: The applicant is requesting a re-issuance of the Design Study and Coastal
Development permits, originally approved by the Planning Commission. These permits
approvals were valid for one year and have since expired. The applicant has applied for a reissuance of the project permits to keep the permits active. For a re-issuance of the permits, the
property owner is required to mail and hand-deliver a public notice to neighboring properties.
The applicant has met these noticing requirements and has re-staked the property with story
poles.
Staff notes that because this would be a re-issuance of the permits, as opposed to a time
extension, the Planning Commission is not bound by previous decisions on this project.
However, for re-issued permits staff typically relies on the previous analysis in making
recommendations. The original staff report for the final hearing is included as Attachment E.
Staff supports the request to re-issue the Design Study and associated Coastal Development
Permit, as the conditions surrounding the original approval have not changed. Staff notes that
the applicant is proposing minor changes to the originally project as previously described.
Environmental Review: The proposed project qualifies for a Class 3 exemption from CEQA,
pursuant to Section 15303 of the CEQA Guidelines (Construction or remodification of a limited
number of new or existing small structures). The project does not present any unique
components that would have the potential for a significant environmental impact.
ATTACHMENTS:

Attachment A Site Photographs

Attachment B Findings for Approval
Attachment C Conditions of Approval
Attachment D Original Project Plans
Attachment E Approval Staff Report
Attachment F Revised Plans for Re-issuance

29

Attachment A Site Photographs

Project Location facing south at south end of property

Southern neighbors north facing windows that overlook guesthouse/garage

30

Project Site - facing west from Mission Street (vegetated frontage)

31

Attachment B Findings for Approval

DS 16-171 (Loewy)
June 8, 2016
Findings for Approval
Page 1

FINDINGS REQUIRED FOR FINAL DESIGN STUDY APPROVAL (CMC 17.64.8 and LUP Policy P1-45)
For each of the required design study findings listed below, staff has indicated whether the
submitted plans support adoption of the findings. For all findings checked "no" the staff report
discusses the issues to facilitate the Planning Commission decision-making. Findings checked
"yes" may or may not be discussed in the report depending on the issues.
Municipal Code Finding

YES

1. The project conforms with all zoning standards applicable to the site, or has
received appropriate use permits and/or variances consistent with the zoning
ordinance.

NO

2. The project is consistent with the Citys design objectives for protection and
enhancement of the urbanized forest, open space resources and site design. The
projects use of open space, topography, access, trees and vegetation will maintain
or establish a continuity of design both on the site and in the public right of way that
is characteristic of the neighborhood.
3. The project avoids complexity using simple/modest building forms, a simple roof
plan with a limited number of roof planes and a restrained employment of offsets
and appendages that are consistent with neighborhood character, yet will not be
viewed as repetitive or monotonous within the neighborhood context.

4. The project is adapted to human scale in the height of its roof, plate lines, eave
lines, building forms, and in the size of windows doors and entryways. The
development is similar in size, scale, and form to buildings on the immediate block
and neighborhood. Its height is compatible with its site and surrounding
development and will not present excess mass or bulk to the public or to adjoining
properties. Mass of the building relates to the context of other homes in the
vicinity.

5. The project is consistent with the Citys objectives for public and private views
and will retain a reasonable amount of solar access for neighboring sites. Through
the placement, location and size of windows, doors and balconies the design
respects the rights to reasonable privacy on adjoining sites.

6. The design concept is consistent with the goals, objectives and policies related to
residential design in the general plan.

7. The development does not require removal of any significant trees unless
necessary to provide a viable economic use of the property or protect public health
and safety. All buildings are setback a minimum of 6 feet from significant trees.

32

DS 16-171 (Loewy)
June 8, 2016
Findings for Approval
Page 2

8. The proposed architectural style and detailing are simple and restrained in
character, consistent and well integrated throughout the building and
complementary to the neighborhood without appearing monotonous or repetitive
in context with designs on nearby sites.

9. The proposed exterior materials and their application rely on natural materials
and the overall design will as to the variety and diversity along the streetscape.

10. Design elements such as stonework, skylights, windows, doors, chimneys and
garages are consistent with the adopted Design Guidelines and will complement the
character of the structure and the neighborhood.

11. Proposed landscaping, paving treatments, fences and walls are carefully
designed to complement the urbanized forest, the approved site design, adjacent
sites, and the public right of way. The design will reinforce a sense of visual
continuity along the street.

12. Any deviations from the Design Guidelines are considered minor and reasonably
relate to good design principles and specific site conditions.
Use Permit - General Findings (Guesthouse)
13. The proposed use is not in conflict with the General Plan.

14. The proposed use will comply with all applicable zoning standards.

15. The granting of the Use Permit will not set a precedent for the approval of
similar uses whose incremental effect will be detrimental to the City, or will be in
conflict with the General Plan.

16. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, street capacity and fire protection.

17. The proposed use will not be injurious to public health, safety or welfare and
provides adequate ingress and egress.

18. The proposed use will be compatible with surrounding land uses and will not
conflict with the purpose established for the district within which it will be located.

19. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.

Coastal Development Findings (CMC 17.64.B.1):

20. Local Coastal Program Consistency: The project conforms with the certified
Local Coastal Program of the City of Carmel-by-the Sea.

21. Public access policy consistency: The project is not located between the first

33

DS 16-171 (Loewy)
June 8, 2016
Findings for Approval
Page 3

public road and the sea, and therefore, no review is required for potential public
access.

34

Attachment C Conditions of Approval

DS 16-171 (Loewy)
June 8, 2016
Conditions of Approval
Page 1

No.

Approval Conditions
Standard Conditions

1.

Authorization: This approval of Design Study (DS 16-171) authorizes the

construction of a new 1,443-square foot single-family residence. The new
residence shall be clad with stucco and board and batten siding and a
composition-shingle roof. The new residence includes a two-car garage and the
installation of a 14-foot wide driveway.

2.

The project shall be constructed in conformance with all requirements of the

local R-1 zoning ordinances. All adopted building and fire codes shall be adhered
to in preparing the working drawings. If any codes or ordinances require design
elements to be changed, or if any other changes are requested at the time such
plans are submitted, such changes may require additional environmental review
and subsequent approval by the Planning Commission.

3.

This approval shall be valid for a period of one year from the date of action unless
an active building permit has been issued and maintained for the proposed
construction.

4.

All new landscaping shall be shown on a landscape plan and shall be submitted to
the Department of Community Planning and Building and to the City Forester
prior to the issuance of a building permit. The landscape plan will be reviewed
for compliance with the landscaping standards contained in the Zoning Code,
including the following requirements: 1) all new landscaping shall be 75%
drought-tolerant; 2) landscaped areas shall be irrigated by a drip/sprinkler system
set on a timer; and 3) the project shall meet the Citys recommended tree density
standards, unless otherwise approved by the City based on site conditions. The
landscaping plan shall show where new trees will be planted when new trees are
required to be planted by the Forest and Beach Commission or the Planning
Commission.

5.

Trees on the site shall only be removed upon the approval of the City Forester or
Forest and Beach Commission as appropriate; and all remaining trees shall be
protected during construction by methods approved by the City Forester.

6.

All foundations within 15 feet of significant trees shall be excavated by hand. If

any tree roots larger than two inches (2) are encountered during construction,
the City Forester shall be contacted before cutting the roots. The City Forester
may require the roots to be bridged or may authorize the roots to be cut. If roots
larger than two inches (2) in diameter are cut without prior City Forester
approval or any significant tree is endangered as a result of construction activity,

35

DS 16-171 (Loewy)
June 8, 2016
Conditions of Approval
Page 2

the building permit will be suspended and all work stopped until an investigation
by the City Forester has been completed. Twelve inches (12) of mulch shall be
evenly spread inside the dripline of all trees prior to the issuance of a building
permit.
7.

Approval of this application does not permit an increase in water use on the
project site. Should the Monterey Peninsula Water Management District
determine that the use would result in an increase in water beyond the
maximum units allowed on a 8,000-square foot parcel, this permit will be
scheduled for reconsideration and the appropriate findings will be prepared for
review and adoption by the Planning Commission.

8.

The applicant shall submit in writing to the Community Planning and Building
staff any proposed changes to the project plans as approved by the Planning
Commission on November 13, 2013, prior to incorporating changes on the site. If
the applicant changes the project without first obtaining City approval, the
applicant will be required to either: a) submit the change in writing and cease all
work on the project until either the Planning Commission or staff has approved
the change; or b) eliminate the change and submit the proposed change in
writing for review. The project will be reviewed for its compliance to the
approved plans prior to final inspection.
Exterior lighting shall be limited to 25 watts or less per fixture and shall be no
higher than 10 feet above the ground. Landscape lighting shall be limited to 15
watts or less per fixture and shall not exceed 18 inches above the ground.

10.

All skylights shall use nonreflective glass to minimize the amount of light and
glare visible from adjoining properties. The applicant shall install skylights with
flashing that matches the roof color, or shall paint the skylight flashing to match
the roof color.

11.

The Carmel stone faade shall be installed in a broken course/random or similar

masonry pattern. Setting the stones vertically on their face in a cobweb pattern
shall not be permitted. Prior to the full installation of stone during construction,
the applicant shall install a 10-square foot section on the building to be reviewed
by planning staff on site to ensure conformity with City standards.

N/A

12.

The applicant shall install unclad wood framed windows. Windows that have
been approved with divided lights shall be constructed with fixed wooden
mullions. Any window pane dividers, which are snap-in, or otherwise
superficially applied, are not permitted.

13.

The applicant agrees, at his or her sole expense, to defend, indemnify, and hold
harmless the City, its public officials, officers, employees, and assigns, from any

9.

36

DS 16-171 (Loewy)
June 8, 2016
Conditions of Approval
Page 3

liability; and shall reimburse the City for any expense incurred, resulting from, or
in connection with any project approvals. This includes any appeal, claim, suit, or
other legal proceeding, to attack, set aside, void, or annul any project approval.
The City shall promptly notify the applicant of any legal proceeding, and shall
cooperate fully in the defense. The City may, at its sole discretion, participate in
any such legal action, but participation shall not relieve the applicant of any
obligation under this condition. Should any party bring any legal action in
connection with this project, the Superior Court of the County of Monterey,
California, shall be the situs and have jurisdiction for the resolution of all such
actions by the parties hereto.
14.

The driveway material shall extend beyond the property line into the public right
of way as needed to connect to the paved street edge. A minimal asphalt
connection at the street edge may be required by the Superintendent of Streets
or the Building Official, depending on site conditions, to accommodate the
drainage flow line of the street.

15.

This project is subject to a volume study.

16.

Approval of this Design Study shall be valid only with approval of a Variance.

17.

A hazardous materials waste survey shall be required in conformance with the

Monterey Bay Unified Air Pollution Control District prior to issuance of a
demolition permit.

18.

The applicant shall include a storm water drainage plan with the working
drawings that are submitted for building permit review. The drainage plan shall
include applicable Best Management Practices and retain all drainage on site
through the use of semi-permeable paving materials, French drains, seepage pits,
etc. Excess drainage that cannot be maintained on site, may be directed into the
Citys storm drain system after passing through a silt trap to reduce sediment
from entering the storm drain. Drainage shall not be directed to adjacent private
property.
An archaeological reconnaissance report shall be prepared by a qualified
archaeologist or other person(s) meeting the standards of the State Office of
Historic Preservation prior to approval of a final building permit. The applicant
shall adhere to any recommendations set forth in the archaeological report. All
new construction involving excavation shall immediately cease if materials of
archaeological significance are discovered on the site and shall not be permitted
to recommence until a mitigation and monitoring plan is approved by the
Planning Commission.

19.

N/A

37

DS 16-171 (Loewy)
June 8, 2016
Conditions of Approval
Page 4

20.

21.

22.

Prior to Building Permit issuance, the applicant shall provide for City (Community
Planning and Building Director in consultation with the Public Services and Public
Safety Departments) review and approval, a truck-haul route and any necessary
temporary traffic control measures for the grading activities. The applicant shall
be responsible for ensuring adherence to the truck-haul route and
implementation of any required traffic control measures.
Prior to issuance of a Grading or Building Permit for the project, the applicant
shall submit an encroachment permit application for the grading work and any
related improvements in the Citys Right-of-Way (ROW). The encroachment
permit shall be reviewed and approved by the City prior to the initiation of work.
Special Conditions
Prior to the Building Permit Issuance, the applicant shall submit a detailed
landscape plan to be reviewed by the Planning Staff and the City Forester.

*Acknowledgement and acceptance of conditions of approval.

______________________
Property Owner Signature

__________________
Printed Name

__________
Date

38

Attachment D - Original Approved Plans

AVENUE

FIRS T

PROJECT DATA: f<llliST ILL - A 116TORIC R!SIDaa

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4 6UILDIIti ELEVAnet~& I SIEcnON
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REVISED DESIGN REVIEW

NOVEMBER 7. 2013

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39

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40

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42

Attachment E - Original Approval Staff Report

CITY OF CARMEL-BY-THE-SEA
Planning Commission Report
November 13, 2013

To:

Chair Paterson and Planning Commissioners

From:

Rob Mullane, AICP, Community Planning and Building Director

Submitted by:

Marc Wiener, Senior Planner

Subject:

Consideration of a Final Design Study (OS 13-69) and the associated Use
Permit (UP 13-14) and Coastal Development Permit for the construction
of a detached guesthouse and garage on a site containing a historic
resource located in the Single-Family Residential (R-1), Park Overlay (P)
and Very High Fire Hazard Severity (VHFHS) Zoning Districts

Recommendation :

Approve the Design Study (OS 13-69), Use Permit (UP 13-14), and the associated Coastal
Development Permit subject to the attached findings and conditions
Application:

OS 13-69/UP 13-14

APN: 010-121-011,010-121-017,010-121-021

Location:

southwest corner of Mission Street and First Avenue (south end of property)

Block:

11

Lots: 1, 3, 5, & 7

Applicant:

Brian Congleton

Property Owner: Peter and Susan Loewy

Background and Project Description:

The project site is a 16,000-square foot property comprised of three separate lots.

The

property is located at the southwest corner of Mission Street and First Avenue and is developed
with the historic Forest Hill School building, which was built in 1921. The site is historically
significant under Criteria #1, in the area of history, as one of the first and longest-lived private
schools in Carmel. The structure was placed on the City's Historic Inventory in 2002, and is
currently used as a single-family residence. The residence is 3,529 square feet and does not
contain any off-street parking.

43

OS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report

Page 2

The applicant is proposing to construct a new two-story garage and guesthouse that would be
1,027 square feet in size and located on the southern portion of the property. The upper level
of the structure would include a 427-square foot guesthouse that contains a bedroom, living
room, and full-bathroom. The lower level of the structure would include a 600-square foot,
three-car garage.

The garage would provide two off-street parking spaces for the main

residence and the one-off street parking space for the guesthouse.
The proposed structure would be located approximately 45 feet south of the historic Forest Hill
School building. The proposed finished materials include a combination of stucco on the lower
level with board and batten siding on the upper level, unclad wood windows and doors, and a
composition-shingle roof.
The applicant is proposing a voluntary lot merger that would merge three parcels into one.
Pursuant to CMC 17.10.040, the voluntary lot merger entitles the property owner to a 3%
increase in base floor area allowance.
In addition to the construction of the guesthouse and garage, the applicant is proposing minor
modifications to the historic Forest Hill School building. The alterations include:

replacement of the existing tar and gravel roof with composition shingles,

replacement of an existing masonry chimney to match the existing chimney's design,

repair and in-kind replacement as needed of the glass doors at the rear of the building,
and

replacement of the existing veranda at the rear of the building.

The Planning Commission reviewed this project conceptually on October 9, 2013.

The

Commission continued the application with a request that the applicant revise the design to
mitigate the impact to the neighboring residence to the south.

44

OS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report
Page3

PROJECT DATA FOR A 16,000-SQUARE FOOT SITE:

Site Considerations

Allowed

Existing

Proposed

Floor Area

4,620 sf {29%)*

3,588 sf (22%)

4,615 sf (29%)

Site Coverage

1,951 sf (12%)**

1,318 sf (8.2%)

1,950 sf {12%)

5/4 trees

5/3

5/3

Ridge Height (1 t/2d)

18/24 ft.***

NA***

11 ft./20ft.***

Plate Height (1 5t/2nd)

12 ft./18ft.***

NA***

8 ft.6 in./ 16ft. 7 in.***

Setbacks

Minimum Required

Existing

Proposed

Front

15ft.

22ft.

No Change

Composite Side Yard

25ft. (25%)

25ft. (25%)

58ft****

Minimum Side Yard

3 ft./5 ft.

10 ft./15 ft.

43 ft./15ft.****

Rear

3ft.

85ft.

15ft.****

Trees (upper/lower)
5

Includes a 3% bonus for voluntary lot merger (CMC 17.10.040.B.2.a).

**Includes 2.5% tree density bonus for lot merger (CMC 17.10.040.B.2.c) and 4% bonus for permeable surfaces
greater than SO% of total (CMC 17 .10.3.C.1.b).
Garage/Guest house height
Garage/Guest house setbacks

Staff analysis:
Previous Hearing: The following is a list of changes requested by the Planning Commission and

a response on how the applicant has or has not addressed each request.

1.

The applicant shall revise the design to mitigate the impact to the neighboring
residence to the south.

Response: In the original proposal the portion of the structure that included a flat-roof garage

was located 7 feet from the south property line and a total of 10 feet from the neighboring
residence to the south. The owners of the residence to the south expressed concern with the
impact that the structure would have on the view and solar access from their north facing
windows. The neighbor also expressed concern with the potential privacy impact that could be
created by the proposed rooftop deck located above the garage.

45

DS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report
Page4

The Planning Commission concluded that the proposed structure would impact the neighboring
residence and directed the applicant to address the issue. To mitigate the impact, the applicant
has flipped the design so that the flat-roof garage and rooftop deck is now located on the north
side of the structure as opposed to the south side.

As a result of the changes, the

guesthouse/garage structure would be 15 feet from the south property as opposed to the
previously proposed setback of 7 feet. The structure was also shifted 11 feet 7 inches east,
which should reduce the building mass seen from the southern neighbor's windows. The
Commission's site visit will help determine if the proposed design revisions adequately mitigate
the impact to the neighboring residence to the south.

2.

The proposed guesthouse/garage shall be shifted out of the 6-foot setback of the
significant pine tree at the southeast corner of the guesthouse structure.

Response:

In the original proposal it was identified that the proposed structure would

encroach 2 feet into the 6-foot setback of a significant pine tree located on the south side of
the property. The revised design would remove the structure from the setback ofthe tree.
Finish Details: Design Guidelines 9.5 states that "stucco, in conjunction with some natural

materials, may be considered depending on neighborhood character but should not be repeated
to excess within a block."
The applicant is proposing stucco siding on the lower level in conjunction with board-andbatten siding on the upper level. The applicant is proposing unclad wood doors and windows.
The proposed finish materials are consistent with the Design Guidelines. Staff notes that the
property is located in the Very High Fire Hazard Severity Zone (VHFHSZ) and is required to use
fire-rated materials. This does not preclude the use of wood on the structure.
With regards to roofing materials, Design Guideline 9.8 states that "wood shingles and shakes

are preferred materials for most types of architecture typical of Carmel (i.e. Arts and Crafts,
English Revival and Tudor Revival)." Staff notes the applicant is proposing to use compositionshingle roofing. The Commission should discuss whether the applicant should be required to
use wood shingle or shake roofing based on the recommendations in Design Guideline 9.8.
Guesthouse Use Permit: Pursuant to CMC 17.08.050.C, guesthouses are permitted on sites of

6,000 square feet or greater and are not allowed to have any cooking facilities. The approval of
a residential Use Permit is required for the authorization of a guesthouse.

46

DS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report
PageS

The applicant is proposing to construct a 427-square foot guesthouse above the three-car
garage on the south end of the subject property. The guesthouse would include a bedroom,
living room, and full bathroom. No cooking facility is proposed on the floor plan. A Use Permit
with findings would be provided for the Planning Commission' s consideration at the final
review. A special condition has been drafted that the guesthouse not be used as a subordinate
unit.
One off-street parking space is required for the guesthouse.

If the Planning Commission

determines that the proposed tandem parking arrangement is acceptable, the proposed threecar garage would meet the requirement of two off-street parking spaces for the main residence
and one off-street parking space for the guesthouse.
Grading Plan/Driveway Design:

The subject property slopes up from the street and is

approximately 6 feet above the street grade in the area of the proposed guesthouse/garage
structure. The applicant is proposing to lower the finished floor of the garage approximately 4
feet below the grade level, which will bring the garage floor closer to street grade.
The applicant is also proposing some grading at the front of the property and into the City ROW
to smooth out the transition from the road to the garage. The proposed grading would require
a retaining wall near the northeast corner of the structure, which would be 17 feet long and 4
feet high, and a retaining wall near the southeast corner of the structure, which would be 8 feet
long and 2 feet high. No retaining walls are proposed in the City ROW. Staff notes that the
driveway would consist of sand-set pavers and would have a width of 14 feet in the City ROW,
which is the maximum that is allowed by Code.
The applicant is proposing to remove approximately 90 cubic-yards of soil from the property,
which includes the area below the proposed structure and at the front of the property. Staff
supports the proposal to lower the finish grade of the guesthouse/garage structure by
excavating portions of the property. The proposal will lower the height of the building and will
reduce the need for a steep sloped driveway.
Staff has included a condition requiring that the applicant provide a truck-haul route and traffic
management plan to be reviewed by City staff, prior to the applicant submitting for a building
permit. The plan is required to include the estimated number of truck trips, the expected
duration of the excavation work, and any necessary traffic control measures.

47

DS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report
Page6

Forest Hill School Alterations: As noted in the Project Description of this staff report, the

applicant is proposing minor modifications to the historic Forest Hill School building. The
alterations include the replacement of the existing tar and gravel roof with composition
shingles, replacement of an existing masonry chimney to match existing, the repair and
replacement in-kind of the glass doors at the rear of the building, and the replacement of the
existing veranda at the rear of the building.
The proposed alterations were reviewed by the City's HRB on August 19, 2013, and a
Determination of Consistency with the Secretary of the Interior's Standards was issued by the
HRB. The most extensive portion of the work would occur for the replacement and repair of
the deteriorated rear glass doors. The HRB's Determination of Consistency was issued with a
condition that lithe applicant shall work with staff to ensure that the glass doors are replaced
in-kind to match the existing in design, material and dimensions. A note shall be added to the
plans stating that the doors will be repaired where possible."

Staff has included this

requirement as a special condition for the Planning Commission's acceptance ofthis project.
Landscape Plan: The applicant has not provided a landscape plan. Staff has included a special

condition requiring that the applicant provide a landscape plan to be reviewed by planning staff
and the City Forester prior to submitting for a building permit. Staff notes that the southern
neighbor has requested that landscaping be planted on the south end of the property to help
screen some of the building mass. The Planning Commission should discuss whether the
project should be conditioned with this requirement.
At the last Planning Commission meeting, it was noted that staff would consult with the City
Forester to determine if any new trees should be planted on the 16,000-square foot property.
As of the finalization of this report, staff has not had the opportunity to work with the City
Forester on this issue, but will consult with the Forester prior to Planning Commission's review
of the item.
Lot Merger: CMC Section 17.10.040 allows for a 3% bonus in base floor area and a 2.5% bonus

in site coverage for lots that are voluntarily merged. The applicant is proposing to merge the
three existing legal lots of record lots and therefore is eligible for these bonuses. As a condition
of approval, the applicant must record a lot merger document prior to the issuance of a
building permit.

48

OS 13-69/UP 13-14 (Loewy)

November 13, 2013
Staff Report

Page7

Environmental Review: The proposed project qualifies for a Class 3 exemption from CEQA,
pursuant to Section 15303 of the CEQA Guidelines {Construction or remodification of a limited
number of new or existing small structures).

The project does not present any unique

components that would have the potential for a significant environmental impact.

ATIACHMENTS:

Attachment A- Findings for Approval

Attachment B -Conditions of Approval

Attachment C - Site Photographs

Attachment D - Project Plans

49

Attachment F - Revised Plans

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51