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STAFF REPORT
O�Unity ot'xo
Development Services Department
DATE: June 10, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: MODIFICATION NO. MP 14-03 WITH A CLASS 5 CATEGORICAL
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FOR AN 8,347 SQUARE-FOOT, TWO-STORY
RESIDENCE WITH SECOND-STORY SIDE YARD SETBACKS OF 13'-6"
IN LIEU OF THE 27'-1" REQUIREMENT AT 560 W. ORANGE GROVE
AVENUE
Recommended Action: Find that this project qualifies as a Class 5
Categorical Exemption from CEQA and Conditionally Approve
Modification No. MP 14-03
SUMMARY
Modification No. MP 14-03 was submitted by Simon Lee for a new 8,347 square-foot
residence with second-story side yard setbacks of 13'-6" in lieu of 27'-1" required. An
aerial photo with zoning information, and the proposed architectural plans are attached.
The architectural design of the proposed residence has been reviewed and approved by
the Santa Anita Oaks Homeowner's Association, and this project qualifies as a Class 5
Categorical Exemption from the California Environmental Quality Act (CEQA) as a
minor alteration in land use limitations. Based on the irregular shape of the lot and
sloped terrain, there is justification for reduced second-story side yard setbacks for the
proposed new residence to be an appropriate improvement of this lot. It is
recommended that the Planning Commission approve Modification No. MP 14-03,
subject to the conditions listed in this staff report.
BACKGROUND
APPLICANT: Simon Lee
LOCATION: 560 W. Orange Grove Avenue
REQUEST: Approval of a Modification for a new 8,347 square-foot residence with
second-story side yard setbacks of 13'-6" in lieu of 27'-1" required.
SITE AREA: 28,750 square-feet (0.66 acre)
FRONTAGE: 135.61 feet along W. Orange Grove Avenue
EXISTING LAND USE & ZONING:
The site is currently developed with a one-story, single-family residence built in
1952. The site is zoned R-O (22,000 sf), First One-Family Zone with 22,000
square-foot minimum lot size.
SURROUNDING LAND USES & ZONING:
North: Single-family residences located in the City of Sierra Madre
South: Single-family residence, zoned R-O
East: Single-family residence, zoned R-O
West: Orange Grove Park, zoned S-2
GENERAL PLAN DESIGNATION:
Very Low Density Residential (2 to 4 dwelling units per acre) — This designation
accommodates low-density single-family residential neighborhoods.
Development is typified by large lot, detached single-family residences on lots
ranging from 10,000 to 22,000 square feet or larger. Permitted uses include
single-family residences on a single lot and private tennis courts and similar -
facilities.
DISCUSSION
The applicant is proposing to demolish the existing residence to build a new 8,347
square-foot, two-story, single-family residence with a 2,850 square-foot, semi-
subterranean, eight-car garage, as shown on the attached architectural plans. The
proposed new residence includes six bedrooms, six-and-a-half bathrooms, a home
theater, and a recreation room. The property has a natural slope from front to back, and
the proposed design places the entrance on the upper floor, and from the street the
house will appear as a one-story residence. The architectural design of the proposal
has been reviewed and approved by the Santa Anita Oaks Homeowner's Association's
Architectural Review Board (ARB), and they found that the proposed setbacks are
adequate — see the attached HOA Findings and Action Form, and Meeting Minutes.
Due to the irregular shape of the lot and sloped terrain, the applicant is requesting
approval of reduced second-story side yard setbacks for an appropriate improvement of
this lot.
Modification Request
The applicant is requesting a Modification to allow the upper story to be setback 13'-6"
from both side property lines in lieu of the required 27'-1" second-story side yard
setbacks based on a minimum requirement of 20% of the lot width at the front property
MP 14-03
560 W. Orange Grove Ave.
June 10, 2014 — Page 2 of 5
line. The intent of this requirement is to provide adequate buffers between properties
proportionate to the widths of the lots. Due to the irregular shape of the subject lot
(wide frontage that narrows significantly at the buildable area), applying the required
second-story side yard setbacks of 27'-1" would result in a relatively narrow buildable
area. The significant front-to-back slope of this property also presents difficulties. The
applicant's proposed solution is to place the majority of the floor area on the upper floor.
For these reasons, allowing reduced second-story side yard setbacks for this property
will result in an appropriate improvement of this lot. The Santa Anita Oaks Homeowner's
Association's Architectural Review Board has reviewed the plans and is in favor of the
Modification request.
A reduced setback will not impact the adjacent property to the west as this property is a
City park (Orange Grove Park). To the east is a single-family residential property
currently in design review with the Santa Anita Oaks Homeowner's Association for a
proposed new two-story residence. Approval of a reduced second-story setback at the
subject property will result in less of a buffer between the proposed residence and the
property to the east. This neighbor expressed his concerns during the architectural
review process, and restated them in response to the public hearing notice for the
Modification. A letter and an email from the neighbor are attached. To address the
neighbor's concerns, the applicant has added to the plans, 36-inch box privacy trees
along the east property line, reduced the size of the east-facing second-floor windows at
the back half of the residence, placed them five feet above the finished floor level, and
eliminated an east-facing balcony. With these revisions, it is staff's determination that
the reduced side yard setbacks are appropriate and will not unduly impact the adjacent
property to the east at 550 W. Orange Grove Avenue. The Santa Anita Oaks
Homeowner's Association's Architectural Review Board has reviewed and approved
these changes to the design.
ENVIRONMENTAL ANALYSIS
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has determined that the proposed project is a minor
alteration in land use limitations, and is therefore categorically exempt from further
environmental review per Section 15305 of the CEQA Guidelines. A Preliminary
Exemption Assessment is attached.
PUBLIC NOTICE/COMMENTS
Public hearing notices for MP 14-03 were mailed to the property owners of those
properties that are located within 100 feet of the subject property on May 29, 2014. Staff
received one letter of concern from Mr. Jason Fan, the owner of the adjacent property to
the east at 550 W. Orange Grove Avenue. In this letter, Mr. Fan states privacy concerns
due to the reduced second-story setback in combination with large windows and
balconies proposed along the east-side of the residence. In response to these comments,
the applicant has reduced the size of the windows along the back half of the east side of
the residence and placed them five feet above finished floor level, eliminated a balcony
that was originally proposed facing the adjacent property to the east, and added 36-inch
MP 14-03
560 W. Orange Grove Ave.
June 10, 2014 — Page 3 of 5
box privacy trees to the proposed landscaping along the east property line. These
revisions to the original design were forwarded to Mr. Fan for his review. In an email sent
to staff on June 2, 2014, Mr. Fan states that he still has privacy concerns about the
revised design, and requests further mitigation to address this issue. It is staff's opinion
that the changes made to the plans have adequately addressed the privacy concerns,
and no further changes to the design are recommended. A copy of Mr. Fan's letter and
email are included as attachments to the staff report.
RECOMMENDATION
It is recommended that the Planning Commission approve Modification No. MP 14-03,
subject to the following conditions:
1. The project shall be developed and maintained by the applicant/property owner in a
manner that is consistent with the plans submitted and conditionally approved for
Modification No. MP 14-03, subject to the approval of the Community Development
Administrator or designee.
2. The applicant/property owner shall comply with 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 to the satisfaction of the Building
Official, Fire Marshal, Public Works Services Director and Development Services
Director, or their respective designees. Compliance with these requirements is to be
determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees.
3. The applicant/property owner 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.
4. Approval of MP 14-03 shall not take effect unless on or before 30 calendar days
following approval of this application by the Planning Commission, the
applicant/property owner has executed and filed with the Community Development
Administrator or designee an Acceptance Form available from the Development
MP 14-03
560 W. Orange Grove Ave.
June 10, 2014— Page 4 of 5
Services Department to indicate awareness and acceptance of these conditions of
approval.
Approval
If the Planning Commission intends to approve the project, the Commission should
move to approve Modification No. MP 14-03 and determine that the project is
categorically exempt from the California Environmental Quality Act, subject to the
conditions set forth above, or as modified by the Commission, and find that the
requested Modifications satisfy at least one of the following purposes:
• That the Modification(s) will secure an appropriate improvement of a lot, will
prevent an unreasonable hardship, or will promote uniformity of development.
Denial
If the Planning Commission intends to deny this project, the Commission should move
to deny Modification No. MP 14-03, based on the evidence presented, and state the
reason(s) why the proposed project does not fulfill any of the above purposes for
Modifications.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the June 10, 2014 public hearing, please contact Associate
Planner, Tim Schwehr at (626) 574-5422, or tschwehrc ArcadiaCA.gov .
Approved:
r;
Jim asama
Cemmunity Development Administrator
Attachments: Aerial Photo with Zoning Information
Proposed Architectural Plans
Photos of the Subject Property and Neighboring Properties
HOA Findings and Actions Form and Meeting Minutes
Letter and Email from the Property Owner of 550 W. Orange Grove Ave.
Preliminary Exemption Assessment
100-foot Radius Map
MP 14-03
560 W. Orange Grove Ave.
June 10, 2014 — Page 5 of 5
IS i
Site Address: 560 W ORANGE GROVE AVE
Prooertv Owner(s): Hui,Wynn ".
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Lot Area (sq ft): 28,750 wen..A• c "
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Main Structure / Unit(sq. ft.): 1,864 I
Year Built: 1953 "� �� r�
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RESIDENCE TO THE NORTH-LOCATED IN SIERRA MADRE
- - THIS PAGE INTENTIONALLY BLANK - -
,.. FILE NO
DATE SUBMITTED:
ARCHITECTURAL DESIGN REVIEW
BOARD(COMMITTEE) FINDINGS AND ACTION
A. PROJECT ADDRESS: S-60 tO ev41-c t r ,)V /,v/
B. PROPERTYOWNER: 1,()5/,f) /.,) 1-1 U
ADDRESS (IF DIFFERENT): f j Mg V,/J.6,/ R3.04 ?/73.
C. FINDINGS (only check those that apply, provide a written explanation for each check).
1., The proposed construction materials ii , ARE NOT compatible with the existing
materials, because
2. The proposed materials WILL,C6/LL NOyhave a significant adverse impact on the
overall appearance of the property, because
3. The proposed projectjIS NOT significantly visible from the adjoining public rights
of way, because l t910 GL 9/JJ:
4. The proposed project', IS NOT, significantly visible from the adjoining properties,
because
5. The elements of the structure's desigr AR BARE NOT, consistent with the existing
building's design, because
6. The proposed project IS, S NO in proportion to other improvements on the
subject site or to improvements on other properties in the neighborhood, because
7. The location of the proposed project WILL, 61 NOT be detrimental to the use
and enjoyment and value of adjacent property and neighborhood, because
8. The proposed project's setback DO NOT provide for adequate separation
between improvements on the same or adjoining properties, because
9. OTHER FINDINGS:
X. ARCHITECTURAL STYLE — The proposed project / IS NOT _ consistent with the
Architectural Style Guidelines based on f77f
XI. ADDITIONS & ALTERATIONS — The proposed project IS _ / IS NOT _ consistent with the
Guidelines for Additions and Alterations based on NL- i /,� /'' G�t��
XII. STREETSCAPE & FRONT OF DWELLING —The proposed project / IS NOT_ consistent
with the Streetscape and Front of Dwelling Guidelines based on , 776
XIII. FLOOR AREA & SETBACKS — The proposed project CL / IS NOT _ consistent with the
Minimum Floor Area and Setback Guidelines based on . w 7 76 /4 bTU,,Ui,J 4.
XIV. GARAGES —The proposed IS osed project 1 / IS NOT_ consistent with the Guideline:.-fur Garages
7
based on 6 7 70
XV. EXTERIOR BUILDING MATERIALS & APPEARANCE — The proposed project / IS NOT _
consistent with the Exterior Building Materials and Appearance Guidelines based on C'776
XVI. AFFECT ON ADJACENT PROPERTIES & NEIGHBORHOOD — The proposed project i / IS
NOT _ consistent with the Guidelines for Affect on Adjacent Properties and the Neighborhood
based on ( 7 7
These Action and Findings were made by the following ARB Members of the ,9-41v f f AN T4 CAks
Association at a meeting held on /1/C-f//'3 at Cl':R14 C'/1A.&i,q z)S
Printed Name /ro'l k_ge Signature
Printed Name ,,1 hsS IC/a i QU/e Signature
Printed Name 1)l NC( VAg 641S Signature
Printed Name C,DeL� h9;41,6 Signature
Printed Name ,."A E J4/L' k Signature
Printed Name Signature
Printed Name Signature
."
(2)
,000- SANTA ANITA OAKS HOMEOWNERS ASSOCIATION
ARCHITECTURAL REVIEW BOARD
MINUTES OF PUBLIC MEETING
12/4/13
Purpose of the meeting is to review three proposals for a Regular Review Procedure.
ARB members present: Jack Lynch, Vince Vargas, Jessica Louie, Gilbert Perez, Loren Brodhead, and Tom
Walker
1400 Rancho Road:
This application was continued from the previous Public Hearing due to required revisions requested by the
ARB and some neighbors. It is an 8,890 sq ft new house. It is basically Spanish Colonial in architecture. The
updated revisions were: window sizes and treatments; revised front entry; improved roof rafter tails; wall
heights; (especially the wall along the Hacienda side)percentage of concrete coverage on the lot; new and
P". existing landscape changes. Since this proposal had already been heard once before, the discussion of the
revisions went fairly quickly. Each of the items were discussed by the designer, the ARB, and near-by
neighbors. Each of the items was resolved to the satisfaction of the ARB and neighbors. The ARB vote was
unanimous for approval.
1131 San Carlos Road:
This is a Regular Review for a proposed 7,437 sq ft house at the corner of Arbolada and San Carlos. It is
in the style of a classic colonial two story house. There was much discussion by the ARB and neighbors.
Attached is a communication to Philip Chan, the designer, listing the discussion points and items to be
revised or conditions of approval as listed. After agreeing to the changes the ARB unanimously approved
the project subject to the attached conditions.(see attached)
560 W. Orange Grove:
This is a Regular Review for a proposed 8,347 sq ft house. The style is described as eclectic French. The
Configuration and steep slope of this lot has made it difficult to design a house that will properly fit. The
proposal is for a single story house with a full basement. Containing: car parking; wine cellar; maid's
ARCHITECTURAL REVIEW BOARD
MINUTES OF PUBLIC MEETING, 12/04/13
PAGE 2
room; gym;jacuzzi; and recreation room. Due to the steep slope the house will be approx 25 ft from grade in
the front and 30 ft in the rear. Access to the basement will be a ramp/driveway on the West side of the prop-
erty. There was discussion regarding the various heights of the house, however,the front is already approx 5
ft below street level and heights shown on the plans were within code. The front entry was discussed and
adjustments to the entry and window treatments were requested. The architect agreed. Due to the steep slope
the back of the house will be higher. There was much discussion about privacy issues for adjoining prop-
erties. Mr. Jason Fan, owner of 550 W. Orange Grove, expressed concerns over the height of a proposed fencc
on the East side and some windows. To address these concerns, large screening trees were proposed. Mr. Fan
was some-what reluctant but said he is willing to work with the architect if problems arose. Other discus
points were: front planter; entry steps; placement of pool equipment; and articulation of East elevation. After
all items were discussed the ARB unanimously approved the application noting that items agreed to be
changed would be reflected on the updated plans prior to being stamped.
Allekt
City of Arcadia
Planning Dept
Atnn: Mr Tim Schwehr 2
Via Email and U.S. Mail c�j (-'-I N MP 14 'b 3
Vct
Dear o W• D��� �n'0 ✓'� �' .
Mi. Schwehr,
I'm the property owner of the adjacent property to the east of subject property at 550 W.
Orange Grove.
Thank you for explain and show me the plans of the Modification application for second-
story side yard setback of 13'-6" in lieu of 271-1" at 560 W. Orange Grove Avenue.
By looking at the East Elevation of the plan it has large windows and two balconies on
their second floor directly facing my back yard, and I believe the visual and privacy of
my property will have seriously impacts as a result of the reduced second story setback.
Please reference to the attached photo that was taken from my property viewing the
adjacent property with higher grade that I think trees between retaining wall and a two
story house within only 13' strip may be not grow or maintained to properly mitigate
these impacts. I think redesign floor plan to remove the balcony and to raise sill plate of
the windows to 5' may be an option.
While the setback requirements is to maintain the quality single-family residential
environment of the City, I pray for the planning commission's consideration to more
effectively mitigate the visual impacts to my privacy before grant the Modification
Application.
/�J
Sj ncerely,
Jason Fan
550 W. Orange Grove Ave, Arcadia
Cell# 1-626-2156198
Tim Schwehr
From: Tim Schwehr •
Sent: Thursday, June 05, 2014 10:35 AM
To: Tim Schwehr
Subject: FW: 560 W. Orange Grove Ave
From: Jason Fan [mailto:jasonfan88 @gmail.com]
Sent: Monday, June 02, 2014 10:45 AM
To: Tim Schwehr
Subject: Re: 560 W. Orange Grove Ave
Good morning, Tim
I have reviewed the revised plan you sent me, thank you!
While smaller windows definite helps, however, we are still bother by the large balcony with opening facing my
property.
As their balcony covers not only bed rooms but family room and extend the full width of the house, and I do
think family room on the 2nd floor is unusual and potential activities on their balcony looking at my yard
should be mitigated.
As mentioned in my last letter, the setback requirements is to maintain the quality single-family residential
environment of the city.
I hope my concern will be consider at the hearing on June 10th.
Sincerely,
Jason Fan
Jason Fan
Cell# 1-626-2156198
Agirk
i
FA
SG,,LIFOqN
CITY OF ARCADIA
` j 240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
0
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: MP 14-03
2. Project Location — Identify street 560 W. Orange Grove Avenue, between Baldwin Ave & Orlando
address and cross streets or attach Dr.
a map showing project site
(preferably a USGS 15' or 7 1/2'
topographical map identified by
quadrangle name):
3. Entity or person undertaking A.
project:
B. Other(Private)
(1) Name I Simon Lee
(2) Address 1 140 W. Valley Blvd., Suite 215
San Gabriel, CA 91776
4. Staff Determination:
The Lead Agency's Staff, having undertaken 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 planning study.
e. ® The project is categorically exempt.
Applicable Exemption Class: 5—Minor Alteration in Land Use Limitation
f. ❑ The project is statutorily exempt.
Applicable Exemption:
g. El 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: 5/22/14 Staff: Tim Schwehr, Associate Planner
Preliminary Exemption Assessment\2010
FORM "A"
oltore SUEMORENO PROJECT INFORMATION 0
(626)350-5964 560 W. ORANGE GROVE
OWNERSHIP I OCCUPANTS LIST
RADIUS MAPS-LAND USE-PLANS ARCADIA, CA.
MUNICIPAL COMPLIANCE CONSULTING
12106 LAMBERT AVE.EL MONTE,CA 91732-FAX(626)350-1532
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