A mixed-use project that's on hold in Grover Beach could be the first major “green” project in the city, using solar energy not only for heating but also to generate electricity for the project's residents.

But getting it over the hurdle of city approval will hinge on an appeal of the Planning Commission's denial or the adoption of an ordinance that would allow a variance for its percentage of residential use - a bone of contention between the developer and the Planning Department.

Proposed for 152 N. 11th St., the project being developed by Steve Viera would consist of a commercial unit and seven on-site parking spaces on the ground floor, all covered by three, two-story residential units above.

Designed by architect Craig R. Smith and associate designer Peter Danciart, the building is configured to take advantage of the sun's rays for heating and electricity.

Slanted roofs would allow sunlight to reach the backyards of existing homes behind it. But rising above the bathrooms would be towers with roofs slanted toward the sun for the solar facilities.

“On the roof, we propose to prewire and preplumb for solar electrical photovoltaic systems and solar domestic hot water,” Viera said. “It will all be smart-wired.”

While the small solar collection area wouldn't allow generation of all the electrical energy needed, it would greatly

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reduce the unit owners'

electricity bills, he said.

Awnings above the windows would allow sunlight to pass through in the winter to provide passive solar heating but would block the sunlight in the summer to prevent overheating.

The loft design would create an open, airy atmosphere inside, said Danciart, a Leadership in Energy & Environmental Design, or LEED, accredited professional.

Each residential unit would have a private patio deck on the bottom level and a patio balcony on the top level, he said. Between the units, a “living roof” would consist of large planters filled with foliage plants.

“What we're trying to accomplish is, we live in a nice temperate climate, so we're allowing the residents to experience that nice environment,” Danciart said.

The commercial unit below the three-bedroom residence would have one north wall of all windows facing a Zen garden to give it a more open feel.

Danciart said the commercial unit could serve as a small chiropractic, dental, architectural, engineering or artistic business and, with the residence above, would be ideal as a live-work space.

He noted all of the units would use materials low in volatile organic compounds - the chemicals that cause those “fresh paint” and “new carpeting” smells that can trigger allergies and cause other problems.

Hitting a snag

While all that may make the project sound ideal, not only for providing infill commercial and residential space but also environmentally, the development hit a snag at the city level.

Viera said he started the project in January 2007 but, as a result of conflicting guidance from the Planning Department that cost him an extra $15,000 for design changes, it didn't make it to the Planning Commission until this January after three continued hearings.

At the final hearing, where Viera said he and his designers were denied the opportunity to address the commission, the project was rejected.

Under the city's land use ordinances, the residential portion of a mixed-use project can occupy no more than 50 percent of the total building area.

To exceed that amount, the commission would have to make findings that would allow a variance. But the city staff could not find a basis for granting the variance, said George Hansen, community development director.

“The biggest challenge is you have to have a 50 percent ratio,” Hansen said. “You have to have no more residential than 50 percent. In this case, it was right around 60 percent.”

Hansen said two codes could be applied to the project, the public safety code and another that deals with land use.

“Even if you apply the more flexible standard in the land use code, the percentage is actually worse, like 69 percent,” he said.

But Viera, Smith and Danciart all rejected the city's claim about the percentage of residential use.

Viera said the staff gave him percentages on his project ranging from 28 percent to 73 percent over the course of the past year, finally settling on 60 to 68 percent.

But he and his designers figure it at 44 percent residential. Even including the covered walkways to the upstairs residences as the city wanted only pushes the percentage to 48 percent in their calculations, Smith said.

The difference lies in whether the carports underneath the residential units are considered part of the building. The city staff claims they're open space; Viera and his designers say they're part of the building because they are integral to the structure and contain storage areas.

Seeking a solution

The problem lies in the fact the land use ordinances do not specify what constitutes part of a building and what should be excluded, Smith said.

“Grover Beach has a problem with land use based on ambiguity,” he said. “There is severe ambiguity in the city's definitions. It leaves them open to interpretation.”

Hansen said the city is working on that problem.

“We're trying to update antiquated ordinances,” he said, which includes a proposed planned development overlay for the commercial core that would allow such a variance.

That ordinance went before the City Council on Monday and was approved after some changes in the language. (See related story.) If the ordinance is approved, it would become effective in 30 days.

But Viera said he doesn't believe a variance should be needed for the project to be approved, and he believes the Planning Commission should have resolved the ordinance ambiguity rather than relying on a policy opinion from the city attorney.

That's why he's appealed the Planning Commission's denial to the City Council. The hearing is tentatively scheduled for Tuesday, and Viera said he's confident the planners' decision will be reversed.

“We do have confidence in the council,” Viera said. “We do believe they can make the right decision.”

February 17, 2008