City of Santa Barbara Community Development Memorandum

DATE: May 30, 2018 TO: Building & Fire Code Board of Appeals FROM: Andrew Stuffler, Chief Building Official SUBJECT: Amendment to May 3, 2018 Staff Report for 836 De La Guerra Terrace Appeal of

Decision to Issue a Building Permit. The City initially placed this appeal hearing on the May 3, 2018 Building & Fire Code Board of Appeals hearing agenda. At the time that the item was called to be heard, only two Board members were present. The City ordinance that establishes the Building & Fire Code Board of Appeals requires that at least 3 members be present for an appeal hearing that does not involve decisions affecting the extent of Accessibility of a project. A special hearing was requested by the appellant. A special hearing was set for May 17, 2018 and this appeal request was the sole item on the agenda for that May 17th hearing. During the May 17th hearing, a neighbor presented the attached presentation that outlined the concerns of the neighborhood and the appellant. Staff responded to the concerns raised and offered to have the City Fire Marshal’s office provide additional responses and clarifications if desired. A recording of the hearing of this item is available on the City’s web site at www.SantaBarbaraCA.gov . The minutes of the May 17, 2018 hearing summarize the hearing and document the decisions of the Board at that time. Immediately, after the May 17, 2018 hearing, staff was asked to confirm that the noticing of the May 17, 2018 hearing was done correctly. The Chief Building Official confirmed with the City Attorney’s office that the noticing was not done correctly, as the subject property owner was not given prior written notice of the hearing. The City’s Chief Building Official has confirmed where the noticing error occurred and has taken measures to assure that this does not happen again. Consequently, this item has been rescheduled for a hearing on June 7, 2018 at the regular, monthly hearing of the City’s Building & Fire Code Board of Appeals.

City of Santa Barbara Community Development

Memorandum

DATE: May 3, 2018

TO: Building & Fire Code Board of Appeals

FROM: Andrew Stuffier, Chief Building Official �

SUBJECT: 836 De La Guerra - Appeal of the Decision to Issue a Permit

On October 19, 2017, the City received an application for building permit to abate Zoning Information Report (ZIR) violations and to construction an Accessory Dwelling Unit (ADU) in accordance with the recently passed State law that minimizes Planning, Zoning, Building, and utility connect requirements.

On February 7, 2018, the City Fire Department approved this application for permit issuance.

On February 12, 2018, the City Water Cross-Connection program approved this application for permit issuance.

On March 13, 2018, the City Water Resources Division approved this application for permit issuance.

On March 15, 2018, the City Building & Safety Division approved this application for permit issuance.

On March 26, 2018, the City Planning Division approved this application for permit issuance.

On April 12, 2018, the Chief Building Official visited the subject site and estimated the volume of grading that would be necessary for the abatement of ZIR violations and the construction of the proposed ADU. The estimate of necessary grading was made visually by comparing the current slope heights and areas with the slopes and areas on the plans that had been submitted for review and approval. The Chief Building Official found that the amount of grading was estimated at between 35 and 45 cubic yards.

On April 12, 2018, after all of the standard City building permit reviewing agencies had approved the application, the permit was set to "OK to issue" status and the permit was issued.

SUMMARY This permit application was processed in accordance with all applicable State and Local laws. Denial of the issuance of a properly approved permit application is illegal. Once approval was obtained by all of the required governmental entities, the application was approved and the

permit was issued.

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City of Santa Barbara Building & Safety Division

Building & Fire Code Board of Appeals

Request for Appeal

Community Development

Department 630 Garden Street

805-564-5485

Check One: · esidential Single Family Residential Multi-family Commercial Mixed Use

Person Submitting Appeal: tl--q� /l---4 tv"/Property Owner: fr,7 /l--frlf 4--"1 C >e t.--L-/ FEES: (as per current Fee Ordinance).$. 0()

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Phone Number: (8os-)'{�.?

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Briefly describe the issue, including all applicab code section(s): <!4-=ftl'ft:;: ti&ac-; rz__c,,.,r7 56'Ac

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Briefly describe the appeal which is being requested. Include the reason( s) for being unable to comply with the code requirements and provide any supporting documentation that may aide in the decision making process: _6,

,L-...-ee=-----'-/tH..:....__;.�-�-'---'+-ffl_,,;.,&;-V ______________ _

Fire Department review by: _________ Date:

Building & Safety review by: Date:

Comments:

Approved Denied

-----------------------------

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04/18/18

ADDENDUM

Additional Code sections to be considered for the appeal of the permit for the Accessory

Dwelling Unit located at 836 de la Guerra Terrace, Santa Barbara, CA, pennit No. BLD 2017-

02717, are as follows:

Title 8, CA Fire Code Sections 503.1, 503.2.1, 503.2.4, 503.2.5.

SBMC Title 22.04.200, 1103.1, Jl 03.2(b).

The ADU slated for construction at 836 de la Guerra Terrace is located on a narrow one lane street which is also a cul de sac. Cars are necessarily parked on the southern side of the street,

further narrowing the roadway The roadway therefore provides inadequate ingress and egress to emergency and fire vehicles in contravention to the above cited sections of the Fire Code. The

Code requires Fire apparatus access roads have an unobstructed width of at least 20 feet, turning

radius no less than 70 feet in diameter, and Dead-end fire apparatus roads in excess of 300 feet

must allow for tum around of fire apparatus.

Likewise, the Fire Apparatus roads shall extend to within 150 feet of all portions of the exterior

walls. Here, all portions of the ADU are NOT within 150 feet. The northern wall is

approximately 165 feet from the road, and approximately 15 northernmost feet of the west and

east walls exceed 150 feet. Further, the Exception does not apply, since fire sprinklers are not slated for the ADU project.

SBMC 22.04.200, 1103.1, Jl03.2(b) requires grading in excess of 50 cubic yards to have a

grading permit. Here, the project will exceed that requirement, and a grading permit must

therefore be required.

The penp.it for the A�rylDwelling Unit located at 836 de la G�Terrace, Santa Barbara, CA, permit No. BLD 2017-02717, would be detrimental to the public health and safety due to its location-in an extreme/ high fire area with limited ingress and egress due to a very narrow one lane street of20 feet in width, and on a cul de sac. The project is locattji on a hillside in the Riviera neighborhood. P*1'kmg

I

is a1ready limited, and on-any given.day �vers are stuck behind other cars for several �utes, and access by emergency vehicles is limited.

• There is an increased safety risk posed to :the neighborhood due to inadequate set �ks, lack of adequate parking, and the project does not include fire sprinklers. Further, the.project would introduce unreasonable privacy impacts

I

-to the immediate neighbors.

The proposed project is slated to include a wraparoWld deck and balcony from the second story, necessarily creating noisf, and an invasion of privacy to the adj �acent n ghbors. Additionally,the second story height of the proposed ADU will place the windows frpm the second story at 46-50 feet, preventing any screening to prevent an invasion of privacy to the neighboring parcel.The project will block the view of the above properties greatly diminishing the property values.The project will likewise diminish the value of the adjacent property of �pellant, whose propertyis of historic value.

The 836 de la Guerra proposed ADU project will also require extell$ive grading and fill. Appellants contend the building permit was issued in contravention of �xisting grading permit requirements, and fails to'consider potential flooding and debris flow. Flooding bas occurred and impacted some neighboring properties in the past. The set backs ar� aJsb inadequate in contravention to the existing Fire Code and thus pose an additional and �nable risk to all properties in the neighborhood.

Appellants request the permit be revoked to reflect new regulations� ADU' s in extreme /high risk fire areas, particularly on hillsides. In the alternative, �llan1S request the permit bemodified to allow for a one story structure with adequate set backs �d

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for privacy.

SANf If B{RBARA w

Case Status Results

Results Summary

Total Cases: 1 Go to Page:

Displayed Cases: 1 Prev ri-- of 1 Next .!li!.tk

Sorted by Street Name in Ascending Order.

Case List

_. 1 asp>paqe=l& �"5{:.OrderBy �d'J�me&Direction & sat caseno , -BLD2017-02717&sq

D�S�mbr=& Description s s3f sf fr�c:&sg f t ofx-&sgf st s -& name-f s uJt-1

Status

Construct new 1,365 sq. ft. detached Accessory Dwelling Unit. Abate

BLD2017-02717 (status.asp?Case-BLD20 l 7-02717&Direction-ASC) 836 DE LA GUERRA TERR violations in ZIR2013-00243 to

Permit remove storage sheds, dog run,

Issued covered patio/storage area from setbacks and permit any as-built grading.

Go to Page: Total Cases: 1 Displayed Cases: 1 ri-- of 1 Prev Next �

Case Status Form Cdefault,aspl � Top of page

This page is updated dynamically. The HLast Updated" date below reflects the last time the code for this page was modified.

Last Updated: Apr 2. 2014

Santa Barbara - Case Status Results Iillps://www.santabarbaraca.gov/scrv ices/I icenses/ casestatus/qucry.asp?OrderB y=Street Na ...

I of2 4/18/2018, 5:33 PM

City of Santa BarbaraBuilding & Safety Division

Building & Fire Code Board of Appeals

Request for Appeal

Community Development

Department 630 Garden Street

805-564-5485

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04/18/18

Project Address: t'�b d� /1 4 u� rrq Y, /'rt; t!(: New Case# BLD20 ff .,,,.-0;} 7(1Check One: Residential Single Family Residential Multi-family Commercial Mixed Use

Person Submitting Appeal:&1±4::: (kc;f,A-1«, W!iv C'f/ltit..fA>hone Number: (,g:oJ <fr-y-Z..7--2--

Property Owner: l/$k#,r"1 {/(?tfG�/26:t,0 CctkJFEES: ( as per current Fee Ordinance).$ . :J--?;,o, ---Briefly describe the issue, including all applicable code section(s): � 1/Tt.,� t; ?,4-­

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Briefly describe the appeal which is being requested. Include the reason(s) for being unable tocomply with the code requirements and provide any supporting documentation that may aide in

f-: �rthe decision making process: f l(_plf'�c.r fp0 W/ff lt7f?Mvel) A-.,..,-1)

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Approved Denied

Fire Department review by: _________ Date:

Building & Safety review by: Date:

Comments: ---------------------------

City of Santa Barbara

Building and Safety

www.SantaBarbaraCA.gov

REQUEST FOR

APPEALS BOARD HEARING

Lfll£;o/g-Date l

Property Address �k? /,t .4 q tf ,I' r r//f -;;-r

Owner's Name �!Vf4':5'.f!L,v( �,J

Owner's Address t 2'2 dt /q qt,f�,.--fy .P,-:(Phone) __________ _

Owner's Email Address ____________________________ _

Decision Being Appealed A brief statement specifying order or action protested:

�Further explanation attached.

D Copy of protested notice attached.

I certify under penalty of perjury that the foregoing, to the best of my knowledge, is true and correct. I also

acknowledge that the Board cannot waive any Code requirements and will only determine the proper

application of the code.

s;gnaMe�

Pleasepay$230fee toCashier. ��ey �

Within 30 days you will be given notice of the date of your hearing. /JP j?e;l-l../.f-.,,./�

Questions

For further information contact the Building & Safety Division at (805) 564-5485

Hours: Monday-Friday * 8:30 a.m. to 4:30 p.m. *Closed Alternate Fridays

Address: 630 Garden St, Santa Barbara, CA 93101 Phone: (805) 564-5485

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The pe�t for the Accessory Dwelling Unit located at 836 de la G�erra Terrace, Santa Barbara, CA, permit No. BLD 2017-02717, would be detrimental to the public health and safety due to its location-in an extreme/ high fire area with limited ingress and egress due to a very narrow one lane street of 20 feet in width, and on a cul de sac. The project is located on a hillside in the Riviera neighborhood. Parking is already limited, and on any given day drivers are stuck behind other cars for several minutes and access by emergency vehicles is limited. There is an increased safety risk posed to the neighborhood due to inadequate set backs, lack of adequate parking, and the project does not include fire sprinklers. Further, the project would introduce unreasonable privacy impacts to the immediate neighbors.

The proposed project is slated to include a wraparound deck and balcony from the second story, necessarily creating noise, and an invasion of privacy to the adjacent neighbors. Additionally, the second story height of the proposed ADU will place the windows from the second story at 46-50 feet, preventing any screening to prevent an invasion of privacy to the neighboring parcel.The project will block the view of the above properties greatly diminishing the property values.The project will likewise diminish the value of the adjacent property of appellant, whose propertyis of historic value.

The 836 de la Guerra proposed ADU project will also require extensive grading and fill. Appellants contend the building permit was issued in contravention of existing grading permit requirements, and fails to consider potential flooding and debris flow. Flooding has occurred and impacted some neighboring properties in the past. The set backs are also inadequate in contravention to the existing Fire Code and thus pose an additional and unreasonable risk to all properties in the neighborhood.

Appellants request the permit be revoked to reflect new regulations restqcting ADU' s in extreme /high risk fire areas, particularly on hillsides. In the alternative, appellan� request the permit be modified to allow for a one story structure with adequate set backs and screening for privacy.