SPECIAL
MEETING OF THE
CITY COUNCIL IN CONJUNCTION WITH THE
PLANNING COMMISSION and the
RESIDENTIAL STANDARDS IMPROVEMENT
PROJECT
(RSIP) COMMITTEE
Mayor Smisek called the meeting to order at
1.
ROLL CALL:
Present: Councilmembers Downey, Monroe,
Tanaka, Tierney
and Mayor Smisek
Planning Commission members
Guy Zeller, Deni Herron, Jon Ryan, Dale St. Denis and Toni Gaylord
Absent: None
Also Present: City Manager Mark
Ochenduszko
Director of
City Clerk Linda Hascup
2. ORAL COMMUNICATIONS: None.
3. MEETING BUSINESS:
3a. Presentation and Discussion Regarding
the Residential Standards Improvement Project (RSIP) Report Recommendations. Mayor Smisek introduced Tony
Pena, Director of
Mr. Pena explained that this
workshop was arranged so there could be free discussion about the merits of the
RSIP Committee’s proposal. After the
workshop, the Planning Commission will hold at least one public hearing and
make a recommendation to the
Jim Strickland, Chair,
Residential Standards Improvement Project, presented the RSIP Committees
recommendations to the Council. He talked
about the formation of the Committee and the process they used to carry out
their work. They first established a set
of guiding principles which are: 1) to improve single-family development
standards (e.g. structural coverage, building height, floor area ratio –
including design features, and setbacks) to be consistent with the desires of
the broader community. 2) To preserve
the village atmosphere within the community through the promotion of visually
attractive architecture that is compatible with
Mr. Strickland explained
that the RSIP committee was developed by the Planning Commission and approved
by the
Mr. Strickland said the
first phase of the process was research and education, for themselves and the
public. There was a public workshop in
February 2004 to introduce the concept and gain public input. Analysis helped fine tune the objectives, problems
and solutions. The objectives included
controlling bulk and mass, enhancing appearance and strengthening neighborly
consideration. There was another public
workshop in February 2005 to provide the draft of the report. The Committee’s work finished with
conclusions and recommendations.
The 2004 public workshop
included a questionnaire. A summary of
that questionnaire is as follows:
·
Houses too large for lot size 71%
·
Houses out of scale with neighborhood 71%
·
Houses too bulky looking 70%
·
Shadowing and loss of light 66%
·
Houses too close together 64%
·
Loss of backyard privacy 57%
·
Setbacks too close to neighbors 57%
·
Houses too imposing 53%
·
Disagree new and remodeled homes too large 16%
·
Do not think residential standards could be improved 9%
Mr. Strickland showed a map
of the single family zones in
During the recommendation
phase the Committee developed 21 recommendations in 10 areas. The areas are: setbacks, structural coverage,
landscaping, carriage house, roof decks, height, floor area ratio (FAR), roof
dormers, courtesy notice, and off street parking. They tested and adjusted recommendations for
all the various lot sizes. The concept
of building envelope was something that helped the Committee understand the
relationship of standards and to the effect they would have. The building envelope is a three-dimensional
volume that is bounded by setbacks on both sides of a lot, the front and rear,
as well as the height. Then, within that
building envelope, there is structural coverage, and floor area ratio (FAR).
There were five
recommendations under setbacks. They are
1) side yard; 2) average front yard; 3) second story rear yard; 4) side yard
exceptions; and, 5) front yard exceptions.
Recommendation 1 - Side yard
setbacks: Today’s code says that the
setbacks need to be 10% of the lot width, to a minimum of 3’ and a maximum of
5’, regardless of lot width. That
results in homes too close together for lots larger than 50’ wide. The recommendation is to eliminate the
maximum of 5’ and use a percentage of lot width to set side yard setbacks.
Recommendation 2 - Average
front yard setbacks: The current code
has an exception to the front yard setback that says that if the lot is already
developed and a house is being scraped and a new one is going to be built, one
can average the setbacks of all the houses on the block. In some cases, there are many of those that
are well out of tolerance. The general
front yard setback is 25’ for a 140’ lot.
What results, generally, is that there will be creep toward the
front. The Committee is trying to arrest
that creep. The proposal will limit the
encroachments into the front yard setback to the maximum of ½ of the required
front yard setback.
Recommendation 3 - Rear yard
setbacks: The current code is 25% of the
lot width in the R1-A zone and 10% of the lot width in R1-B, but no more than
15’ and 10’ respectively for both stories.
A second story that extends the full depth of the first story invades
the neighbors’ privacy and shades back yards.
The proposed code would be to increase the rear yard 2nd
story setback to 40% for lots greater than or equal to 100’, and 30% for lots
less than 100’.
Recommendation 4 - Side yard
exceptions: The current code results in
excessive bulk and mass due to reduced setbacks. The proposed code will limit the projection
distance into the side yard, limit the cumulative linear projections and set a
minimum distance between projections.
Recommendation 5 – Front
yard garage exemption: The current code
results in reduced front yard area and concrete front yards. The proposed code will eliminate the front
yard exception.
Recommendation 6 –
Porches: The current code results in
inadequate porches and the proposed code will increase the front yard
exception.
Recommendation 7 - Grade
Definition: Under the current code the
maximum building height is not changed and this results in excessively tall
facades on upward sloping lots. The
proposed code will revise the grade definition.
Recommendation 8 – First floor
elevation above grade: The current code results in a potential privacy
issue. The proposed code will clarify
the first floor elevation above grade standard.
Recommendation 9 –
Structural coverage exemptions: The
current code reduces the effectiveness of structural coverage to control bulk
and mass. The current codes state that
50% structural coverage is reasonable which provides architectural
flexibility. The proposed code does not
recommend any change to that.
Recommendation 10 –
Unenclosed Architectural Elements and Landscape Accessory Structures: The
current limitations are reasonable and no change in code is proposed. The proposed code disallows exceptions for
certain architectural projections.
Recommendation 11 – Sliding
Scale FAR: The current code results in excessive bulk and mass in the current
code. The proposal has base and maximum
FAR that will vary with lot size.
Recommendation 12 –
Additional Design Features: The current
code can be improved to control bulk and mass.
The proposed code will have these weighted by value and will have FAR
deductions. Examples of FAR design
features include roofs, coverage and a FAR deduction. If there is a variation of roof lines visible
from all public street right of ways, there will be a plus of 1%. If the second floor is 50% of the area of the
first floor, there will be a plus of 2%.
If there is more than 18 lineal feet of garage doors on the front
façade, there will be a deduction of 1%.
Recommendation 13 –
Garages: The current code exempts 400
square feet for garages. The proposed
code will disallow that exemption.
Recommendation 14 – Gross
Lot Area: The current code reduces the
effectiveness of FAR. The proposed code
will amend the definition of gross lot area to be consistent with the Subdivision
Ordinance. Panhandle and access
easements will be excluded from lot area.
Recommendation 15 – Other
FAR Definitions: This reduces the effectiveness of FAR in the current
code. In the proposed code, there will
be a revision and clarification of FAR definitions. Projections that add bulk and mass will be
counted. Attics, under certain
conditions, will be counted as Floor Area Equivalent.
Recommendation 16 –
Landscaping: The current code views
hardscape and landscape the same. The
proposed code will limit the amount of hardscape and increase the front yard
landscaping.
Recommendation 17 – Roof
Dormers Above 2nd Floor: There
are no restrictions in the current code which results in increased bulk and
mass. The proposed code will have
restrictions on individual and cumulative width, required setbacks from façade
and roof peak.
Recommendation 18 – Carriage
Houses: This is allowed under the current code if they are connected to the
house but there are shading and privacy issues.
The proposed code will allow a carriage house without a connection to
the main structure, but there will be restrictions.
Recommendation 19 – Courtesy
Notice: This is not required under the
current code, but under the proposed code notification to immediate neighbors will
be required for substantial construction or demolition. This could trigger a ten-day hold.
Recommendation 20 – Roof
Decks: Under the current code there are
no setbacks required which impacts neighbor’s privacy. The proposed code will establish setback
minimums. The setbacks will restrict
sight lines to neighbors’ yards to allow a view.
Recommendation 21 – Off
Street Parking for Lots without Alley Access:
The current code results in front facades dominated by garage doors,
especially for lots less than 50’ wide.
The proposed code, for lots without alley access, for lots less than 50’
wide or lots that are less than 3500 square feet, will allow tandem parking to
be used in those lots and one of those spaces can be uncovered.
Mr. Strickland said there is
a list of about 16 minor code change recommendations that were developed by
staff, as a result of clarifications, adjustments, and interpretations. He said there are other issues for future
consideration, such as fences and walls along
Mayor Smisek thanked Mr.
Strickland and the Committee for their efforts.
He invited Planning Commissioners with questions for clarification to
begin.
Dale St. Denis asked to
revisit FAR on patios or donut shaped houses.
Dorothy Howard helped
explain the concept. She said the idea
was to control what could happen with the design of a donut or c-shaped house
(having an interior courtyard surrounded on three sides or more with structure). There isn’t a problem if you have a one story
donut-shaped house even if the open side doesn’t face the street because it
just looks like a regular one story house. This house would have exterior space that is
currently part of the floor area or floor area equivalent and the only person
who gets the benefit of that open space is the homeowner. If the house goes to two stories, the
perception from the sidewalk is the same as if it is a solid two story house. No one else can see that it has an open
interior courtyard. If one portion of
that house is one-story and you can see over it, the space isn’t enclosed and
doesn’t really add to the perceived bulk and mass of the structure. Once the structure is enclosed on three sides
or more, the perception is that it is a solid, two-story structure. In order to control the perceived bulk and
mass of that type of structure, the proposal is to count the interior area at
the second floor level, as phantom floor area in the same way that the City
currently counts a two- story room. If
the open side faces a public street, then it would not be counted. Also it wouldn’t be counted if the c-shaped
area is no more than 100 square feet.
Mayor Smisek called for City
Council questions.
Councilmember Monroe
referred to the deduction of 2% for front garage doors. He asked if it is a driveway down to an
underground garage and there are garage doors there if they count, or does the
rule apply only to surface level garages.
Ms. Howard explained that there
isn’t a distinction, that there is a deduction if the garage is larger than a
two-car garage.
Councilmember Tanaka commented
that it seemed FAR restrictions increased rather dramatically for the larger
sized lots and asked what the argument was for that.
Ms. Howard responded that
the perception and reality is that large houses look bulkier than small
houses. A large house on a smaller lot
might have a 2,000 square foot house.
But with the same FAR restrictions a 10,000 square foot lot could have a
4,850 square foot house that is more than twice as big. Even though it is on a bigger lot it tends to
look out of scale against its neighbors even the house on a small lot.
Mr. Tanaka posed the
question that if the City was to be too restrictive, it wouldn’t that encourage
the splitting of 50’ lots into two 25’ lots.
To some that is a crisis in
Ms. Howard agreed she had heard
that comment. The person who is looking
to maximize value is always going to divide the property, but a person who is
making a home for themselves will not want to split the lot and have an even
smaller home for themselves.
Mr. Strickland added that in
most of the single-family zones in town that have 75’ lots, the minimum lot
size is 7,500 square feet and the lot would not be able to be subdivided. It could be done in the R-1B area.
Ms. Howard commented that
all the lots have had a FAR reduction.
Currently, all the lots have the same FAR requirement and it doesn’t
seem to have slowed the movement towards splitting lots. She is not sure the FAR is really what
controls that.
Councilmember Tierney asked
if the Committee had discussed mandatory surveying of the lots prior to
construction.
Mr. Strickland answered that
they did not consider it because it is between the City and the builder.
Councilmember Downey asked for
clarification on the enclosed versus not enclosed patio. Ms. Howard gave a brief description.
Mayor Smisek called for
public comment for clarification purposes.
Jim Ruzevick,
Mr. Strickland thinks that
goes to Mr. Tanaka’s thought that the larger lots were being penalized
more. Mr. Strickland said he thinks the
sliding scale does that, but agrees that it does also affect the small
lots.
Peter Fait, staff, explained
that part of what drove the sliding scale was the goal to have the definition
of FAR be a true representation of bulk and mass. Regardless of the percentage you come up
with, FAR should reflect the total bulk and mass for a specific lot.
Mr. Strickland added that
there was a lot of debate about that size lot.
It was a problematic. Some on the
Committee wanted it lower; some wanted it slightly higher. They came to a compromise at 68% after much
discussion. There was discussion about
including part of the garage, but the decision was not to do that and to count
the garage in the FAR for all lot sizes so there is an accurate representation
of FAR.
Jon Ryan, Planning
Commissioner and Committee member, commented that all underground parking does
not count. Mr. Fait added that there was
no change regarding basements, which are exempt from FAR.
Mayor Smisek explained that
he knows where Mr. Ruzevick lives, and he does have one of those lots where
there is no alley and his garage does come in the front. He asked if Mr. Ruzevick would be eligible
for tandem parking, and if so, would he be able to subtract 200 feet?
Mr. Strickland responded
that he is eligible, and he would be able to gain the 200 feet, as long as it
is less than 50’ wide. He can have
tandem parking with one enclosed and one open parking space and the 200 feet
saved can go back in the house.
Mr. Tanaka asked how the
Committee reached the sliding scale percentages. Did they come out of the restrictions or was
it something the group deliberated on and came up with those numbers specifically
somewhere.
Mr. Strickland explained
that they deliberated at length about it.
Mr. Tanaka said he feels
that it might be possible to reach a political decision later through Council
deliberations. The Council could change the
sliding scale and change the 68% to a 70% if it wanted to.
Mr. Strickland responded
that Council could do that, but the slope of the curve would change. He explained that the Council needs to look
at the whole curve to see what the change would do to it.
Kevin Rugee,
Mr. Strickland responded by
saying that the meeting was a publicly noticed meeting that was advertised in
the paper and many people came. He
doesn’t know what a statistical sample of 70 out of 3500 is. He thinks it is pretty high.
Mr. Fait commented that at
the 2004 workshop there were about 80 people present, 70 of whom filled out the
questionnaire. In 2005, when the
Committee was ready to present their recommendations, staff went the extra mile
by publishing an article and public notice in the City’s quarterly newsletter
that was delivered to every single property owner in
Mayor Smisek explained that
this is the way things happen in
Dave Ditzler, 1830 Avenida
Mayor Smisek called for
input from the public on their opinions.
Dave Ditzler, 1830 Avenida
Matt Preventure,
Bruce Johnson, Country Club,
said he grew up in
Russ McKee, 777 B Avenue,
Coronado Association of Realtors Local Government Relations Committee, thanked
the RSIP Committee for the wonderful work they have done. He said that given the broad scope of the
recommendations which are now being presented to the Planning Commission and the
Mona Wilson, 60 Half Moon
Harold Myers,
Mayor Smisek called for
Planning Commission comments.
Commissioner Gaylord echoed
the congratulations of the community to the RSIP Committee for the work they
did. She said it is a very difficult
problem to get across to the general public.
It is going to be very important for the Planning Commission and
Commissioner Ryan commented
that this meeting was being recorded and would be broadcast by Time
Warner. He suggested it should be
advertised and perhaps it could be rebroadcast once a week. He agreed with a suggestion that the website
be continually displayed. He was
confused about the comment from one of the realtors about concern for
affordable housing and property value.
The two ideas don’t go together.
If there is high property value, there is a very difficult time with
affordable housing. There were some good
questions regarding nonconforming structures, the ability to rebuild an
existing structure, and historic properties.
He said that there are special rules that apply to historic homes, which
is why historic designation is so valuable.
Mr. Pena explained that
Chapter 86.50 of the current Zoning Ordinance provides, under the
nonconformities provisions, that if an existing non-conforming dwelling that
has structural non-conforming aspects to it and is destroyed by fire, the
property owner has two years in which to rebuild to the prior nonconforming
status. There is a provision to satisfy
insurance companies and property owners.
Mr. Fait provided further information that the nonconforming question is
specifically addressed on page 18 in the RSIP report.
Mr. Pena responded to the
issue of the historic preservation program.
According to the Historic Preservation Code, the Historic Resource
Commission has the flexibility to override some zoning standards if it is in
the best interest of historic preservation.
He thinks the two standards will work hand in glove and doesn’t see a
conflict in the future.
Commissioner St. Denis
commented that this work has really been a long time in coming. Some work was done previously to develop a
point system for FAR, but the City really needed to visit this issue. He commented on the diverse makeup of the committee,
the hard fought discussions and the thousands of hours spent on the review, not
including staff time. He is hopes the
City will see the come to fruition in the near future.
Commissioner Herron said she
thinks the Committee did a fabulous job on a very complex project. She hopes that the Planning Commission and
Commissioner Zeller said
that all the comments he would make have been said two or three times. He gave his compliments to Mr. Strickland and
the Committee.
Mayor Smisek called for City
Council comments.
Councilmember Monroe commented
that he thinks there has been great body of work on this and offered his
congratulations. He was happy that the
nonconformity issue was explained. He
said there have been a few letters to the editor commenting on insurance
values, etc., which have been incorrect.
His though is that it all boils down to a simple phrase – if you want a
big house, have a big lot. He would
prefer to keep
Councilmember Tanaka thinks
that anyone who loves
Councilmember Tierney would
like to commend the Committee for all the hours and sacrifices they made to
bring this to fruition. He asked that,
in the other code amendments, it be made mandatory in
Councilmember Downey said
she thinks the document was explained very well. She said she had five small tweaks that she
will talk about when it comes back to the
Mayor Smisek commented that
68.572% would allow 2000 square feet on a 3500 square foot lot. He said he thinks that the comments from the
public reflect that there is always a concern when the City is changing
something. His opinion was that this is
something that has been long overdue.
The City has gone through this evolution in the past where there was a
ballot measure as a referendum after the Council took action to decrease. One of the problems with that issue was that
it was one-size-fits-all. RSIP has
tailored their recommendations to the circumstance of a small lot versus a
large lot versus a medium size lot. It
is very innovative. He said the
4. ADJOURNMENT: The meeting
was adjourned at
Approved:
______________________________
Tom
Smisek
Chair
Attest:
_________________________
Linda
K. Hascup
City
Clerk