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HomeMy WebLinkAboutItem 9 - MP 14-18_1414 S. Eighth Ave.DATE: December 9, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: APPROVAL OF MODIFICATION NO. MP 14-18; SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 14-118; AND OAK TREE ENCROACHMENT PERMIT NO. TRE 14-73 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW SINGLE- FAMILY RESIDENCE AT A NEW LOT AT THE REAR OF 1414 S. EIGHTH AVENUE Recommendation: Conditionally Approve the Proposed Project. SUMMARY The applicant, Mr. Robert Tong, Project Designer, is requesting approval of Zoning Modifications, Single-Family Architectural Design Review, and an Oak Tree Encroachment Permit for a new 6,341 square-foot, two-story, Mediterranean-style, single-family residence at a newly created lot at the rear of 1414 S. Eighth Avenue. Construction of one single-family residence, Modifications, and an Oak Tree Permit are exempt from the California Environmental Quality Act (CEQA). It is recommended that the Planning Commission approve the proposed project, subject to the conditions listed in this staff report. BACKGROUND The subject property is a 14,608 square-foot lot that was recently created by the approval of Tentative Parcel Map No. TPM 13-12 (72519). The new lot is to the rear of 1414 S. Eighth Avenue, and along the south side of the existing one-sided, Kaitlyn Place cul-de-sac. The lot is currently vacant – refer to Attachment No. 1 for an Aerial Photo with Zoning Information. The property is rectangular in shape, measuring approximately 66 feet by 220 feet. Due to the existing, one-sided cul-de-sac, the street frontage of this new lot is unusual. It is an 83’ wide portion of the north property line that adjoins the Kaitlyn Place right-of-way. By Code, this 83’ wide street frontage is considered the front lot line. The easterly property line is considered the rear lot line, and the westerly, southerly, and remaining portion of the north property line are considered side property lines. There is a large oak tree on-site near the northwest corner of the property, and two off-site oak trees with driplines that cross onto the MP 14-18, SFADR 14-118 & TRE 14-73 1414 S. Eighth Avenue December 9, 2014 Page 2 of 5 subject property located in the abutting Santa Anita Wash hiking and equestrian trail easement to the east. PROPOSAL The applicant is proposing to construct a new 6,341 square-foot, two-story, Mediterranean-style, single-family residence, with an attached 678 square-foot, three- car garage, as shown on Attachment No. 2 – the Architectural Plans. The proposed new residence will have an overall lot coverage of 34.31%. The applicant is requesting approval of 6’-10” northerly and southerly first-story side yard setbacks in lieu of the 8’- 4” requirement, and 15’-0” northerly and 13’-8” southerly second-story side yard setbacks in lieu of the 16’-7” requirement. An Oak Tree Encroachment Permit Application has also been submitted with the project to encroach into the protected area of three (3) coast live oak trees; one tree located in the front yard, and two trees located off-site on the adjacent Santa Anita Wash easement. ANALYSIS The proposed project complies with the front and rear yard setback requirements, but requires Modifications from the 8’-4” first-story side yard setback requirement and the 16’-7” second-story side yard setback requirement for this lot. The first and second story side yard setback requirements are calculated as 10% and 20% of the front lot width, respectively. Because of the irregular frontage, this results in side yard setback requirements that are greater than if based on the actual width of this otherwise rectangular shaped lot. If the side setback requirements were based on the actual width of this lot, the requirements would be 6’-10” for the first-story and 13’-8” for the second- story. Therefore, the applicant is proposing setbacks based on the actual width measurement, rather than along the street frontage. Because of the irregular street frontage of this lot, the requested side yard setbacks will secure an appropriate improvement of this lot. Single-Family Architectural Design Review approval is also required for the subject proposal to ensure that the design is consistent with the City’s Single-Family Residential Design Guidelines. These applications are being reviewed by the Planning Commission because Arcadia Municipal Code Section 9252.2.11 states that Zoning Modifications for a new dwelling shall be subject to the approval of the Planning Commission, or the City Council upon appeal. The designer describes the proposal as a “Mediterranean” style residence based on the architectural features that include a curved concrete tile roof, tan stucco walls, bronze colored divided-lite windows, and precast architectural façade details – see Attachment No. 2 for the Architectural Plans. The proposed design is properly modulated and articulated to break up the building mass, and is consistent with the City’s Single-Family Residential Design Guidelines, and compatible with the homes in the surrounding neighborhood – see Attachment No. 3 for Photos of the Surrounding Properties. Regarding the Oak Tree Encroachment Permit, only new landscaping, a walkway, and front yard fence with pilasters will encroach into the protected area of the one on-site MP 14-18, SFADR 14-118 & TRE 14-73 1414 S. Eighth Avenue December 9, 2014 Page 3 of 5 coast live oak tree located near the northwest corner of the lot. A new block wall and landscaping will encroach into the protected areas of the two off-site oak trees located in the Santa Anita Wash easement. Certified Arborist, Mr. Michael Crane, prepared an Oak Tree Report (Attachment No. 6) for this project. Mr. Crane finds that with protective measures, the development will not adversely impact the health of these oak trees. The recommended tree preservation and protection measures are included as conditions of approval. FINDINGS Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the Modification procedures is for the following: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The requested Modifications to encroach into the side yard setbacks will provide setbacks that are in scale with the actual width of the lot, and similar to the setbacks for the surrounding properties. In addition, the architectural design of the building is consistent with the City’s Single-Family Residential Design Guidelines and with the surrounding neighborhood. As such, the proposed new residence will secure an appropriate improvement of this lot and promote uniformity of development. Oak Tree Encroachment Permit Concurrent with the Modification Application and Single-Family Architectural Design Review Application, the Planning Commission is to approve, conditionally approve, or deny the Oak Tree Encroachment Permit for the improvements proposed within the protected areas of three (3) coast live oak trees. A Certified Arborist has prepared an Oak Tree Report (Attachment No. 6) for this project, and finds that with protective measures, the project will not adversely impact the health of the oak trees. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT This project involves new construction of one single-family residence, and minor alterations to land use limitations, and qualifies as a Class 5 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines. Refer to Attachment No. 4 for the Preliminary Exemption Assessment. MP 14-18, SFADR 14-118 & TRE 14-73 1414 S. Eighth Avenue December 9, 2014 Page 4 of 5 PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 100 feet of the subject property on November 26, 2014 – refer to Attachment No. 5 for the radius map. RECOMMENDATION It is recommended that the Planning Commission conditionally approve the subject applications with an exemption from the California Environmental Quality Act (CEQA), with the following conditions of approval: 1. Tentative Parcel Map No. TPM 13-12 (72519) shall be finalized and recorded prior to issuance of any building permits for this project. All requirements for TPM 13-12 shall be satisfied prior to issuance of a Certificate of Occupancy for this residence. 2. The applicant/property owner shall see that the project complies with all of the recommended tree preservation and protection measures and requirements stated in the Certified Arborist Report prepared for this project. 3. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. 4. 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. 5. Approval of MP 14-18; SFADR 14-118; and TRE 14-73 shall not be of effect unless on or before 30 calendar days after Planning Commission approval of the applications, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. MP 14-18, SFADR 14-118 & TRE 14-73 1414 S. Eighth Avenue December 9, 2014 Page 5 of 5 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the project, the Commission should approve a motion to approve Modification No. MP 14-18, Single-Family Architectural Design Review No. SFADR 14-118, and Oak Tree Encroachment Permit No. TRE 14- 73, and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA), subject to the conditions set forth above, or as modified by the Commission, based on the following findings: 1. That the Modifications will secure an appropriate improvement of a lot and/or will promote uniformity of development; 2. That the design is consistent with the City’s Single-Family Residential Design Guidelines; and 3. That the proposal is consistent with the City’s Oak Tree Protection Ordinance. Denial If the Planning Commission intends to deny this project, the Commission should approve a motion to deny Modification Application No. MP 14-18; Single-Family Architectural Design Review No. SFADR 14-118; and/or Oak Tree Encroachment Permit No. TRE 14-73, based on the evidence presented, and state the reasons why the project does not meet any of the purposes for Modifications, an Oak Tree Permit, and/or that the design is not consistent with the City’s Single-Family Residential Design Guidelines. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 9, 2014 hearing, please contact Associate Planner, Tim Schwehr at (626) 574-5422, or tschwehr@ArcadiaCA.gov. Approved: Attachment No. 1: Aerial Photo with Zoning Information Attachment No. 2: Architectural Plans Attachment No. 3: Photos of the Subject Property and Surrounding Properties Attachment No. 4: Preliminary Exemption Assessment Attachment No. 5: 100-foot Radius Map Attachment No. 6: Arborist Report Attachment No. 1 Attachment No.1 Aerial Photo with Zoning Information Attachment No. 2 Attachment No.2 Architectural Plans Attachment No. 3 Attachment No.3 Photos of Subject Property and Surrounding Properties SUBJECT PROPERTY – VACANT LOT ADJACENT RESIDENCES ON KAITYLN PLACE RESIDENCES ON KAITYLN PLACE OPPOSITE SUBJECT PROPERTY EXISTING RESIDENCE AT 1414 E. EIGHTH AVE – VIEW FROM KAITYLYN PLACE EXISTING RESIDENCE AT 1414 E. EIGHTH AVE – VIEW FROM EIGHTH AVENUE Attachment No. 4 Attachment No.4 Preliminary Exemption Assessment CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 Preliminary Exemption Assessment\2011 FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Modification No. MP 14-18; Single-Family Architectural Design Review No. SFADR 14-118; and Oak Tree Encroachment Permit No. TRE 14-73 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 1414 S. Eighth Avenue (cross street: Kaitlyn Place) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Sanyao International Inc. (2) Address 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: Sections 15301 & 15305 f. 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: November 20, 2014 Staff: Tim Schwehr, Associate Planner Attachment No. 5 Attachment No.5 100-foot Radius Map Attachment No. 6 Attachment No.6 Arborist Report