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Item 1c - Appeal of Planning Commission Denial for 2314 S. Santa Anita Ave.
i.� G�,IFOX�Vt9ryd r Auguni 5, 1903 STAFF REPORT 00 �� � o b7�hity of � Development Services Department DATE: September 17, 2013 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION APPLICATION NO. MP 13 -09 AND SINGLE - FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 12 -106 FOR A NEW 7,322 SQUARE - FOOT, TWO- STORY, SINGLE - FAMILY RESIDENCE AT 2314 S. SANTA ANITA AVENUE Recommendation: Uphold the appeal, find that the project is exempt from CEQA, and conditionally approve the applications SUMMARY The applicant is requesting approval of Modification Application No. MP 13 -09 and Single - Family Architectural Design Review No. SFADR 12 -106 to construct a new 7,322 square -foot, two -story, single - family residence at 2314 S. Santa Anita Avenue with a front yard setback of 50 feet in lieu of the 97 -foot requirement — see the attached aerial photo, proposed plans and materials, and photos. The subject applications, if approved with conditions, will secure an appropriate improvement to the lot with a design that is consistent with the City's Single - Family Residential Design Guidelines. It is recommended that the City Council overturn the Planning Commission's denial and approve these applications, subject to the conditions of approval listed in this staff report. BACKGROUND The site is currently developed with an 840 square -foot, one -story, single - family residence that was constructed in 1948, and a detached 730 square -foot garage and rumpus room. The Zoning of the property is R -1, Second One - Family, and the General Plan Land Use Designation is Low Density Residential for four to six dwelling units per acre. Appeal - 2314 S. Santa Anita Avenue September 17, 2013 Page 2 of 6 Single - Family Architectural Design Review No. SFADR 12 -106 for a new residence was submitted on December 7, 2012. Before receiving comments from staff, the applicant indicated that he would be revising the plans, and submitted new plans on February 5, 2013. Comments on these plans were given to the applicant on March 7, 2013, and revisions were submitted on April 25, 2013. Final comments from staff were sent on May 14, 2013, along with a Modification application form for the proposed 50 -foot front yard setback. On June 29, 2013, the applicant submitted the attached plans with Modification Application No. MP 13 -09. Because the front yard setback Modification request is for a new house, the Arcadia Municipal Code requires that it be considered by the Planning Commission. At its regular meeting on July 23, 2013, the Planning Commission considered the following Modification requests and Architectural Design Review: A. A 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent properties; and B. To retain a non - conforming 6' -0" high chain -link fence in the front yard area in lieu of a maximum 3' -0" high, non - chain -link fence. The Planning Commission voted 3 -2 to deny the subject applications, citing that the Modification requests would not achieve any of the following purposes for which Modifications may be approved: to secure an appropriate improvement of a lot, to prevent unreasonable hardship, or to promote uniformity of development. The property owner, Mr. Steve Wu, filed the attached appeal on July 30, 2013. In appealing the Planning Commission decision, the applicant opted to eliminate Modification Request B. DISCUSSION The applicant is proposing to demolish the existing structures on the site to build a new 7,322 square -foot, two - story, single - family residence with two, 450 square -foot, attached, two -car garages at the front of the residence — see the attached plans. The proposed new residence will have six bedrooms, six and one -half bathrooms, a living room, dining room, kitchen with breakfast nook, family room, home theater, library, and covered balconies at the front and rear. The proposal also includes a 630 square -foot, detached recreation room and a swimming pool and spa in the backyard. Modification Request • A 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent properties. Appeal - 2314 S. Santa Anita Avenue September 17, 2013 Page 3 of 6 The front yard setback requirement for the R -1 zones is as follows: There shall be a front yard setback of not less than twenty -five (25) feet; provided that, where lots comprising sixty percent (60 %) or more of the frontage in a city block are developed with larger front yard setbacks, the front yard setback for a lot proposed for development shall be the greater of (a) twenty -five (25) feet and (b) the average of the two (2) nearest developed lots at the time a building permit is issued The subject property is located on a block developed with seven single - family lots fronting on Santa Anita Avenue. Therefore, six lots figure into the determination of the front yard setback requirement for the subject property — see the attached aerial photo. Because the six lots all have front yard setbacks greater than 25 feet (more than 60% of the frontage of this block) the average of the two adjacent lots determines the front yard setback requirement for the subject property. These two lots have the deepest front yard setbacks on this block at 77 feet and 117 feet. The other four residences have front yard setbacks of approximately 48 feet to 62 feet. Requiring that a new development have a front yard setback that is the average of the two adjacent neighbors promotes a consistent streetscape; at least to the extent that no one development will be significantly closer to the street than the majority of the other developed lots. The proposed front yard setback of 50 feet will provide for a consistent streetscape when the entire block is considered, and will secure an appropriate improvement of the lot. Given the entire block, the two lots adjacent to the subject property tend to be the divergent ones in the neighborhood; requiring the subject property to adhere to the average of these two somewhat unique properties would tend to be an unfair hardship on the subject property owner. Architectural Design Review Concurrent with the Modification application, the City Council is asked to approve, conditionally approve, or deny the architectural design of this proposal. The appellant describes the proposed design as a "French Colonial" style. This is based on the architectural features, which include a gray concrete tile roof, smooth stucco, travertine stone veneer on a concrete base, and decorative wrought -iron panels. The proposed materials and finishes are of high quality; however, the proposed travertine tile as an accent feature is not in keeping with French Colonial architecture and is not compatible with the neighboring developments — see the attached photos. The lack of window details is not consistent with the City's Single - Family Residential Design Guidelines, and the proposed chimney heights exceed the 30 -foot maximum height limit of the R -1 Zoning. Appeal - 2314 S. Santa Anita Avenue September 17, 2013 Page 4 of 6 It is recommended that the design be revised to replace the travertine stone tile veneer with smooth stucco to be compatible with the neighborhood; that muntins or grids be added to all of the windows that are larger than two feet wide by two feet high as called for by the City's Single - Family Residential Design Guidelines; and that the chimney heights be lowered to a maximum of 30 feet to comply with the R -1 Zoning regulations. With the following recommended conditions of approval, the subject applications will secure an appropriate improvement to the lot, and the design will be consistent with the City's Single - Family Residential Design Guidelines: 1. The travertine stone tile veneer shall be replaced with a smooth stucco finish to be consistent with the rest of the building, subject to the approval of the Community Development Administrator. 2. The chimneys shall be lowered to not exceed a maximum height of 30' -0" from the average existing grade. 3. Windows over 2' -0" in width and height shall have muntins or grids finished in a color to match the building, subject to the approval of the Community Development Administrator. 4. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right -of -way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. Appeal - 2314 S. Santa Anita Avenue September 17, 2013 Page 5 of 6 6. Approval of application nos. MP 13 -09 and SFADR 12 -106 shall not take effect until the applicant, designer, contractor, and property owner have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION DECISION AND APPEAL At its regular meeting on July 23, 2013, the Planning Commission denied the subject applications by a vote of 3 -2. The denial of the subject applications was based on the Commission's finding that the proposed project does not satisfy the purposes for approval of a Modification and that the design is not consistent with the City's Single Family Residential Design Guidelines. The Commission stated that new houses should comply with the setback requirements, and that a reduced front yard setback would not promote uniformity of development. As for the proposed architectural design, the Planning Commission agreed with staff that the use of travertine tile would be inappropriate. ENVIRONMENTAL ANALYSIS Modification requests qualify as a Class 5 Categorical Exemption (Minor Alterations in Land Use Limitations) from the requirements of the California Environmental Quality Act (CEQA) per Section 15305 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. PUBLIC NOTICE Public hearing notices of the appeal of the Planning Commission denial of application nos. MP 13 -09 and SFADR 12 -106 were mailed on September 5, 2013, to the property owners and tenants of those properties that are located within 100 feet of the subject property — see the attached radius map. FISCAL IMPACT The proposed project will have no significant fiscal impact on the City Appeal - 2314 S. Santa Anita Avenue September 17, 2013 Page 6 of 6 RECOMMENDATION It is recommended that the City Council overturn the Planning Commission decision; find that the project is exempt from the California Environmental Quality Act (CEQA); and approve application Nos. MP 13 -09 and SFADR 12 -106 for a 50 -foot front yard setback, subject to the conditions of approval listed in this staff report based on a determination that the Modification will secure an appropriate improvement of the lot and that the design will be consistent with the City's Single Family Residential Design Guidelines. Approved: Dominic LazzareW City Manager Attachments: Aerial Photo Proposed Plans Photos Appeal Letter Preliminary Exemption Assessment 100 -foot Radius Map MP 13 -09 and SFADR 12 -106 - 2314 S. Santa Anita Ave. ,731 4 5. SANTA AN ITA A.�F, � � r WAL L vwnNE Product No: 4979 idamc: Gray Range Color Family: Grays g l_ %oTH PI ry SH STUCCO cc55L . Ppivew,A PAVER 41 v� i�F��•4 .x tJ � -Y �. � F �• , Rr ' i.-,l, �y,; s ^} '•`lam ; 1 �. • i'.. _ di�,i ••�i',,�_. � ` � ' � sLATF- sTo�E PAVC-I% l cy _� � � ~�. �.�� ��� ƒ. � � � \ ��� �� -+ �� _.� | � ( i . ) � . / . § \ \ | w § S (� / \/� \ j` §§ / � ( «� � ( \ \: § \} � ( / \E � ( \ � ~ ( | ( �_. �. ��� � � � - >� � � ���\ . ���. � .£ �J - =- � :..� \ \ / / Iti � ( F P L4 lSn� =4, iYP. I� YI rs�soz�y DIY r � Fli — qI I Iii I iAJ h —_ � \��.✓ I v� a f i - -- - - -- I — �.� 1 I _- f i 5HFL - C Lfi\NDSC/&P ,,l C:,, i I i - -- - - -- I — �.� 1 I _- f i 5HFL - C Lfi\NDSC/&P ,,l C:,, .fir, �, �.L 1 4 I} a � • w' f._ �_' _�: 70 '� �a1 , a Jj•• YI•r �i1 T4= rr kl- el �kr 4-mmmaL lk Ilk •''+ . i1 1+ C3. • j a �'� •� tier. / � lot Ot y� Letter of Intent July 30, 2013 Development services Dept. City of Arcadia Subject: Modification No. MP 13 -09 Project Address: 2314 S. Santa Anita Avenue Dear Sir: I previously requested (A) for a 50' -0" front yard setback in lieu of the 97' -0" average of the adjacent properties, and (B) to maintain existing fence in the front yard area. Now 1 am only appealing for (A) and dropping request (B). I appreciate your time and consideration. Sincerely, Applicant �'TEIlt� JUL 3 0 H13 pi� Ak 0 ? n�4hlly ns tt�s CITY OFA.t+iCADIA 340 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: MP 13 -09 and SFADR 12 -106 2, Project Location -- Identify street 2314 S. Santa Anita Avenue address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 112' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other (Private) (I) Name Mr. Steve Wu (3) Address 51 E. Longden Avenue a. Staff Determination: i The Lead Agency's Staff, having undeiiaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or punning study. e. © The project is categorically exempt. Applicable Exemption Class: j 05 — Minor Alterations r ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 27, 2013 Staff: [ ✓ 1 Pori 'I NE-r 10 1 6 20 1 2215 19 MP 13 -09 and SFADR 12 -106 100' Radius Map 2305 I D.kR 7 4 2329 22 1 0 U) 2405 15 U) 2409 D 2219 z D D 17 2221 Z i D 2231 U)� < z4 16 FL � 2305 I D.kR 7 4 2329 22 1 0 2401 2405 15 25 2409 U) D z, z D C rn: U) U U) U D � Z< < D Z MP 13 -09 and SFADR 12 -106 100' Radius Map