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HomeMaps, 3D, and Aerial Views3D ImagesWill upper floor step-backs vanish from the Gateway Code?

Will upper floor step-backs vanish from the Gateway Code?

During the past more than one-and-a-half years of discussion on the draft Gateway Plan, we’ve seen a variety of important aspects of the plan come and go. Critical issues that many of us thought were “done deals” seemed to have arrived as firm promises and later vanished like smoke following a Planning Commission conversation of just a minute or two. Or vanished with no conversation whatsoever.

One important and integral item is the explicit promise of inclusionary zoning. Even though there are words in the Gateway code under the heading of “Inclusionary Zoning,” the code for this is so weakened that there is no practical value to it. To put it more bluntly, the inclusionary zoning clause that’s there is worthless. Further, the clause appears to have been worded in such as way so as to make it worthless. To read more on this, see After telling the Council we’ll see Inclusionary Zoning, what Loya has provided is worthless.

Decent set-backs and step-backs get the axe

Another area that’s near and dear to the hearts of Arcatans are the set-back and step-back requirements for new buildings. The set-back (or “setback”) is the distance from the property line where the building could be placed. The step-back (or “stepback”) can be a requirement for the upper stories.

Rather than having a wall of the building going straight up for four or five or six or seven stories, if an upper floor is stepped back from the wall of the building it will create a a more pleasant experience for the people on the street below, and for buildings on adjoining parcels. If done right, upper floor step-backs will provide more of a “blue sky” view for pedestrians and cyclists, and potentially less solar shading from the building. Step-backs also generally make for a more architecturally interesting design.

Setbacks and stepbacks can be specified as being different for the front side (street), the back side (rear of the property), and the side property lines.

  • Front setback: From the street to where the building starts. Provides space for a sidewalk.
  • Rear setback: How close the new building is to the property line. If too close, the new building will adversely affect the neighbor. A setback of Zero feet means that the building can be on the property line.
  • Front stepback: How the building is “stepped back” on the upper stories. 
  • Rear stepback: The same, at the rear of the building.

In the image above, there are two stepbacks shown. The setback is 10 feet from the side property line. Then there’s one 10-foot setback at the 3-1/2 story mark, then another 10 feet back at the 4-1/2 story level. The result is plenty of light for the single-family home on the parcel to the left.

Below is from the Marin County form-based code. The buildings shown have a big enough street setback to provide a plaza-like feel. There are upper story stepbacks above the 4th floor large enough for a patio. The upper floor stepbacks are large enough that the top story — the 5th story — cannot be seen from the street.

 

David Loya presented a concept for the St. Vinnie’s site

In the 9-1/2 minute video presentation “Building and Massing Presentation 3: Proposed Setbacks and Massing Impacts” — available with the transcription here on Arcata1.com and very recommended — Arcata’s Community Development Director David Loya proposed some setback and stepback standards.

At about 4 minutes into the video, David Loya says “Before you start a development that’s going to be five stories tall you’re going to want some pretty significant setbacks. So let’s put a 20 foot setback on the ground level — before you start building, you have to have at least 20 feet setback. We’ve talked about upper floor setbacks. I think it’s appropriate to evaluate 20 feet as an upper floor setback.”

Here’s the image showing his proposed setbacks and stepbacks. At that time (August 2022) David Loya was not yet using the word “stepbacks” — so what he is calling an upper-story “setback” what we now call an upper story step-back. Same thing, with different wording. “Step-back” is more clear, so that’s what we use now. Here’s a view of the parcel, as if it were a  map and we are looking down on it. The street side of the parcel is at the bottom of this image, and the rear of the parcel is at the top of the image.
Here we see:

  • A 10-foot front setback.
  • A 10-foot front stepback above the 3rd story.
  • A 20-foot rear setback.
  • A 20-foot rear stepback above the 3rd story.
  • A 15-foot side setback.
  • A 10-foot side stepback above the 3rd story.

At about 6 minutes into the video, he shows us a theoretical building that could be designed to fit the old St. Vincent de Paul thrift store site at 6th and K Streets. We’ll note that the front of the building is on the fairly busy K Street major artery, and that the the rear of the building site adjoins a parcel with a home that has a residential story above a garage (2 story height) for half the building and single-story residential behind that, plus a single-story single-family residence.
Note the large stepbacks at the rear of the building, so that it has less impact on the buildings on the adjoining parcel. This theoretical building is 4 stories along K Street and then tapers down to 1 and 2 stories at the rear of the property. Note also that it is not built to the property lines at the sides or at the rear.

For the building on the other side of the street on K Street, we can note the very deep stepbacks after the 3rd story, and then more stepbacks after the 4th story. Perhaps a rooftop garden or roof patio design.

The new Form-Based Code specifications for the St. Vinnie’s site

The draft of the new Form-Based Code proposes an upper-story stepback of only 8 feet, and the ability to build right up to property lines — with Zero setback requirements — at the sides and rear.
 
This would allow a building to be built straight up to the maximum height on the sides and rear. If a stepback were required, it could be done on the street frontage side of the building. The rear of the building could be the maximum height, according to this Form-Based Code.
 
An upper-story stepback of only 8 feet is not sufficient, in the view of many architects and planners. For where we live in Arcata with the low angle of the sun in the Wintertime, by allowing such a small setback the sun will be shaded on the neighboring properties for as much as eight months of the year. Fifteen feet would be better — and twenty feet, as David Loya had proposed, would be ideal.
 
At their June 13, 2023, Planning Commission meeting, there were proposals by both David Loya and a Commissioner to eliminate all stepbacks altogether. That is, not require upper-story setbacks at all. Here’s David Loya speaking:
“One of the comments that we got from our architect consultant today was that the stepbacks are really going to increase the cost of buildings, and make them cost-infeasible. And so that’s something that we might want to take another look at. One solution to that is to, you know, right now, I think we set the stepback at three stories. One of their recommendations was to, you know, why don’t you start that at four stories where there’s a change in building code. So there’s not a stepback required until you get to four stories. Or even more cost-effectively allow for, you know, just a setback, not a step-back, and just accept the solar shading consequences of that, to increase the developability of these sites.
 
What is particularly annoying about this “new” information about the supposed cost-unfeasible design is that either David Loya, as a planner, should already have known this, or else he hid this information from the Commission.  So either he knew it and had not told us, or he did not know this. Neither speaks well of him:  Manipulative or not knowledgeable. 
 
The Zero rear setback and no required rear stepback were brought up by Ben Noble at the study session with the Planning Commission on February 11, 2023. There is no official City documentation of this workshop. After it was made clear that a record of this important workshop was apparently not considered important for the City to record or pay for, the video was made and paid for by citizens of Arcata. The video, separate audio track, PowerPoint slides, and the “Lookbook” of the workshops can be viewed here on Arcata1.com.
 
In this draft of the Form-Based Code, no stepback is required for a building up to 4 stories high. An 8-foot stepback is the minimum required on the 5th story. But that stepback could all be placed on the front street side of the building, or on the front street side and one other side. There does not have to be any stepback at the rear of the property.
 
This was strongly objected to by the Chair of the Planning Commission, Julie Vaissade-Elcock, and by other public comment. Regardless, it is retained in this draft Form-Based Code.
In the image shown above, the building is constructed right up to the property line at the rear of the property. In this image, there is an uninterrupted vertical wall at the rear of the property that is 5 stories tall. The image shows an 8-foot stepback on the 6th story — but it may be the case that a 6-story building cannot be built on this spot. By this code, a stepback could be placed entirely on the front or on the front and side — with no stepback whatsoever on the rear. With that, there would be an uninterrupted vertical wall at the rear of the property that is 5 stories tallright on the property line.

 

The Results:  What could a developer build on this K Street parcel?

 
We’ll call back the theoretical building from the David Loya presentation. This design looks pretty good.

And this is what could be built:
Here’s what the Form-Based Code and the new proposals would allow. Limited front setback. Can build right up to the property lines at the sides and rear. New proposal to have no upper floor stepbacks. Five stories, straight up, no stepbacks.
 
This shades the building to the north from the daytime sun and shades the building at the rear from the afternoon sun. And it makes K Street into a virtual canyon.

 

Relative to what we saw in August 2022

Here is what we were presented with in August 2022, relative to we’ve been presented with now. The August 2022 design is inside the box showing what could be built now.