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HomeMy WebLinkAboutItem 2 - SFADR 13-128DATE: January 13, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: APPEAL OF THE CONDITIONAL APPROVAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 13-128 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW SINGLE- FAMILY RESIDENCE AT 2110 S. BALDWIN AVENUE. Recommendation: Conditionally approve the revised proposal SUMMARY The project is the development of a new 6,700 square-foot, two-story, single-family residence at 2110 S. Baldwin Avenue. On October 22, 2014, Planning Services administratively approved the applicant’s architectural design concept plans, with a condition that the air conditioning units shall be located a minimum of 15’-0” from the property lines. Mr. David and Mrs. Victoria Law, adjacent neighbors to the north at 642 W. Longden Avenue filed an appeal of this decision on October 29, 2014, because they felt that the location of the two air conditioning units would create a noise nuisance on their property. At its regular meeting on December 9, 2014, the Planning Commission opened a public hearing to consider the appeal, and voted 4-1 to continue the hearing to the January 13, 2015, meeting to allow the applicant time to work with the neighbors to come up with an acceptable solution. The applicant has revised the plans to provide two options (Attachment No. 1) to locate four air conditioning units inside a semi-enclosed patio. The appellant has reviewed the options and will accept the option where the semi-enclosed patio has openings only in the rear-facing wall, and no openings on the side-facing walls – see the attached email from Mrs. Law (Attachment No. 2). It is recommended that the Planning Commission conditionally approve Single-Family Architectural Design Review No. SFADR 13-128 with the air-conditioning condensers located in a semi-enclosed patio as shown in option no. 2 in Attachment No. 2. Appeal of SFADR 13-128 2110 South Baldwin Avenue January 13, 2015 – Page 2 of 4 PROPOSAL The applicant is proposing to demolish the existing residence and build a new 6,700 square-foot, two-story, single-family residence with three attached garage parking spaces. The architectural plans and a detailed description of the subject proposal are included in Attachment No. 3, the Staff Report for the December 9, 2014, Planning Commission Meeting. ANALYSIS The appellants’ only issue with the design of the proposed new residence is the locations of the air conditioning units. At the Planning Commission’s direction, the applicant explored alternatives and provided two options for the appellants’ consideration – see Attachment No. 1. These two options will locate four air conditioning units inside a semi-enclosed patio. The difference between the two options is the locations of openings in the patio walls, which will provide for air circulation. Option No. 1 has wall openings on the sides and rear, and Option No. 2 has openings only facing the rear, with solid walls on each side. In either case, the air conditioning units will be approximately 21’-6” from the appellants’ property line. The appellants indicated acceptance of Option No. 2 – see Attachment No. 2 for the email from Mrs. Law. While she expresses disappointment that the number of air conditioning condensers is increasing from two units to four units, she does find Option No. 2 acceptable. Staff agrees that Option No. 2 will prevent any noise impacts by the air conditioning units on the appellants’ property. ENVIRONMENTAL ASSESSMENT This project qualifies as a Class 3 Categorical Exemption under the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines as construction of one, new single-family residence. A copy of the Preliminary Exemption Assessment is attached to the December 9, 2014, Planning Commission staff report – see Attachment No. 3. PUBLIC NOTICE For the December 9, 2014, Planning Commission meeting, public hearing notices for this project were mailed to the property owners and tenants of those properties that are located within the design review notification area on November 26, 2014. Because the Planning Commission continued the hearing to a specific date, January 13, 2015, no further noticing was necessary. RECOMMENDATION It is recommended that the Planning Commission approve the appeal to relocate the air- conditioning condensers, and approve design review no. SFADR 13-128 with Option Appeal of SFADR 13-128 2110 South Baldwin Avenue January 13, 2015 – Page 3 of 4 No. 2 for the revised locations of the air-conditioning condensers, subject to the following conditions of approval: 1. The applicant/property owner shall have the four air conditioning units located inside a semi-enclosed patio, with openings facing the rear only, and the side walls shall remain solid for the full height of the patio. 2. The applicant/property owner shall have all applicable noise-attenuating devices and equipment installed on all the air-conditioning condensers, to the satisfaction of the City’s Building Official. 3. The applicant/property owner shall develop and maintain the property owner in a manner that is consistent with the plans submitted and conditionally approved for architectural design review no. SFADR 13-128. 4. 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. 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. 6. Approval of SFADR 13-128 shall not take effect unless on or before 30 calendar days after Planning Commission approval of this application, 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. Appeal of SFADR 13-128 2110 South Baldwin Avenue January 13, 2015 – Page 4 of 4 PLANNING COMMISSION ACTION Approval of Appeal and Approval of Revised Design If the Planning Commission intends to approve the Appeal, and conditionally approve the revised design, the Commission should approve a motion to find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), approve the appeal, state that the revised design is consistent with the City’s design guidelines, and approve design review no. SFADR 13-128, subject to the conditions set forth in this report, or as modified by the Commission. Denial of Appeal and Approval of the Initial Design If the Planning Commission intends to deny the Appeal, and conditionally approve the initial design presented at the December 9, 2014, meeting, the Commission should approve a motion to find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), deny the appeal, state that the initial design as conditionally approved by Planning Services is consistent with the City’s design guidelines, and approve design review no. SFADR 13-128, subject to the conditions set forth in the December 9, 2014, staff report, or as modified by the Commission. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the January 13, 2015, public hearing, please contact Associate Planner, Thomas Li by calling (626) 574-5447, or send an email to tli@ArcadiaCA.gov. Approved by: Attachment No. 1: Revised Air Conditioning Unit Location Options Attachment No. 2: Appellants’ Acceptance Email Attachment No. 3: Staff Report for the December 9, 2014, Planning Commission Meeting Attachment No. 1 Attachment No. 1 Revised Air Conditioning Unit Location Options ADJACENT BUILDING PL ADJACENT BUILDING FRONT PORCH DRIVEWAY Attachment No. 2 Attachment No. 2 Appellants’ Acceptance Email Attachment No. 3 Attachment No. 3 Staff Report for the December 9, 2014, Planning Commission Meeting DATE: December 9, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: APPEAL OF THE CONDITIONAL APPROVAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 13-128 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW TWO-STORY, 6,700 SQUARE-FOOT, SINGLE-FAMILY RESIDENCE AT 2110 S. BALDWIN AVENUE. Recommendation: Deny appeal and uphold staff’s conditional approval of the design review SUMMARY The subject application was submitted by project designer, Ms. April Sun of Creative Design Associates, Inc., to build a new 6,700 square-foot, two-story, single-family residence at 2110 S. Baldwin Avenue. On October 22, 2014, Planning Services approved the applicant’s plans, with the condition that air conditioning units shall be located a minimum of 15’-0” from the property lines. Mr. David and Mrs. Victoria Law, one of the adjoining neighbors to the north at 642 W. Longden Avenue, filed an appeal of this decision on October 29, 2014, because they feel that the location of the two air conditioning units would create a noise nuisance on their property. It is recommended that the Planning Commission deny the appeal and uphold staff’s conditional approval of the design review application. BACKGROUND On November 22, 2013, project designer Ms. April Sun of Creative Design Associates, Inc., submitted the subject design review application to build a new 7,878 square-foot French Modern style residence at the subject property. After working with planning staff, the proposal was revised to a 6,700 square-foot residence with Traditional architectural design features. On August 13, 2014, planning staff sent a Notice of Pending Decision to notify the neighbors of the subject proposal. Three of the neighbors responded to the notice citing privacy concerns, potential noise from the two Appeal of SFADR 13-128 2110 South Baldwin Avenue December 9, 2014 – Page 2 of 5 air conditioning units, and privacy landscape screening. In response to the comments, the applicant met with the neighbors on site, and made the following revisions based on the comments: 1. Reduced the window sizes on the north and south side elevations; 2. Relocated the two air conditioning units from the originally proposed 7’-1” northerly side setback, to 15’-0” from the north property line; 3. Proposed to plant compact Carolina Cherry hedges along the north and south side property lines. Staff approved the revised plans on October 22, 2014, after these changes were made, and included a condition to require the air conditioning units to be located a minimum of 15’-0” from the property lines – see Attachment No. 1 for the Conditional Approval Letter. Mr. David and Mrs. Victoria Law, the neighbors at 642 W. Longden Avenue, felt that the requirement to locate the air conditioning units at least 15’-0” from the property line does not fully mitigate their noise impact concerns, and filed an appeal on October 29, 2014 – see Attachment No. 2 for the appeal letter. The letter states that only one unit should be placed near their property, and the other unit should be located elsewhere; either closer to the south property line in the rear yard area, or further to the west in an alcove in the northerly side yard by the proposed laundry area. The neighbor at 2100 S. Baldwin Avenue had agreed to the placing of one of the units at that location. That alcove, however, is not deep enough for the proposed air-conditioning unit. The Planning Commission is to approve, conditionally approve, or deny the appeal, and the design review. The Commission’s decision may be appealed to the City Council. PROPOSAL The subject property is a 15,570 square-foot interior lot zoned R-1-7,500 – refer to Attachment No. 3 for an aerial photo of the area and photos of the subject property. The subject property is currently improved with a 1,116 square-foot, one-story residence built in 1926. The applicant is proposing to demolish the existing residence and build a new 6,700 square-foot, two-story, single-family residence with three attached garage parking spaces. The floor plan includes five (5) bedrooms, five (5) full bathrooms, and one (1) half bathroom – refer to Attachment No. 4 for the Proposed Plans. The proposed architectural style is Traditional. Architectural features include a smooth concrete tile roof, brick veneer, window shutters, and a smooth stucco finish. The overall building height is 25’-0” as measured from the average existing grade, which is the maximum permitted by Code. Appeal of SFADR 13-128 2110 South Baldwin Avenue December 9, 2014 – Page 3 of 5 ANALYSIS The appellants’ only issue with the proposal is the location of the air conditioning units. All of the neighbors are content with the proposed architectural design of the subject building. The appellants are willing to accept one air conditioning unit at a 15’-0” setback from their property at 642 W. Longden Avenue. However, they would like the other unit to be located elsewhere, away from their property. As stated in the appeal letter, they would like one of the units to either be located on the south side of the property, or further west in an alcove within the north side yard area. Staff and the applicant explored the alternatives and found the proposed location to be most ideal based on the layout of the building. Also, the subject alcove is approximately 2’-0” deep, which is not enough to accommodate the proposed air conditioning unit. The adjacent laundry area by the alcove is already a small room and reducing the size of the room to accommodate the air conditioning unit would diminish the functionality of the laundry room. The condition to require 15’-0” setbacks for both of the air conditioning units is a reasonable alternative to address the noise concerns of the neighboring properties. This setback is more than double the required 7’-1” minimum mechanical equipment setback for the subject property. Because the neighboring properties to the north back up to the subject property, the subject air conditioning units will be at least 40’-0” from the residences of these neighbors due to the minimum 25’-0” rear yard setback requirement. Air conditioning units, by themselves, are not subject to a design review process, nor are they addressed in the City’s Single-Family Residential Guidelines – see Attachment No. 5. An air conditioning unit may be located anywhere on the property as long as it meets the setback requirements, and is screened from public view. However, any air conditioning unit, or any mechanical equipment, is subject to the City’s noise regulations, regardless of its distance from property lines – see Attachment No. 6 for the City’s noise regulations. ENVIRONMENTAL ASSESSMENT This project qualifies as a Class 3 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines as a new construction of one single-family residence. Refer to Attachment No. 7 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for this item were mailed to the property owners and tenants of those properties that are located within the notification area on November 26, 2014 – refer to Attachment No. 8 for the Notification Area Map. Ms. Patricia Moy, property owner at 2118 S. Baldwin Avenue, adjacent to the south of the subject property, Appeal of SFADR 13-128 2110 South Baldwin Avenue December 9, 2014 – Page 4 of 5 submitted a letter (Attachment No. 9) supporting the location of the air conditioning units as proposed. She feels that the proposed location will minimize potential noise concerns, and says that she has made compromises to accommodate the new development and the other neighbors should do the same. RECOMMENDATION It is recommended that the Planning Commission deny the appeal and uphold staff’s decision, with the following conditions of approval: 1. Air conditioning units shall be located in the rear yard a minimum of 15’-0” from the property lines. 2. The proposed project shall be developed and maintained by the property owner in a manner that is consistent with the plans submitted and conditionally approved for SFADR 13-128. 3. 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. 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 SFADR 13-128 shall not take effect unless on or before 30 calendar days after Planning Commission approval of this application, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Appeal of SFADR 13-128 2110 South Baldwin Avenue December 9, 2014 – Page 5 of 5 Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval of Appeal and Denial of Design Review If the Planning Commission intends to approve the appeal and overturn staff’s conditional approval of the design review, and deny the project, the Commission should approve a motion to approve the appeal of design review no. SFADR 13-128, and state that the proposed design is not consistent with the City’s design guidelines. Denial of Appeal and Approval of Design If the Planning Commission intends to deny the Appeal and uphold the conditional approval of the design review, the Commission should approve a motion that finds that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), denies the appeal, states that the proposed design is consistent with the City’s design guidelines, and approves design review no. SFADR 13-128, subject to the conditions set forth in this report, or as modified by the Commission. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the December 9, 2014 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574-5447, or send an email to tli@ArcadiaCA.gov. Approved by: Attachment No. 1: Planning Services Approval Letter Attachment No. 2: Appeal Letter Attachment No. 3: Aerial Photo of the Area and Photos of the Subject Property Attachment No. 4: Proposed Plans Attachment No. 5: Single-Family Residential Design Guidelines Attachment No. 6: City’s Noise Regulations Attachment No. 7: Preliminary Exemption Assessment Attachment No. 8: Notification Area Map Attachment No. 9: Letter from Ms. Patricia Moy Attachment No. 1 Attachment No. 1 Planning Services Approval Letter Attachment No. 2 Attachment No. 2 Appeal Letter Attachment No. 3 Attachment No. 3 Aerial Photo of the Area and Photos of the Subject Property Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: R-1 (7,500) Number of Units: LDR Zoning: Property Characteristics 1926 1,116 15,570 1 NUCASA BALDWIN LLC Site Address: 2110 S BALDWIN AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated04-Dec-2014 Page 1 of 1 View of the subject property at 2110 S. Baldwin Avenue View of the adjacent property to the north at 2100 S. Baldwin Avenue View of the adjacent property to the south at 2118 S. Baldwin Avenue Attachment No. 4 Attachment No. 4 Proposed Plans ADJACENT BUILDING PL ADJACENT BUILDING FRONTPORCH DRIVEWAY PROJECT SUMMARY PARTICIPANTSSHEET INDEX 2110 S BALDWIN AVE ARCADIA RESIDENCE ARCADIA, CA 91007 VICINITY MAPSCALE: N.T.S PROJECT CODE SUMMARY SUBMITTAL NOTES DRAWING SYMBOLS ARCADIA RESIDENCENUCASA BALDWIN LLCAS-101 SITE PLANSCALE: 3/32" = 1'-0" SITE PLAN KEYNOTES 6 6 6 6 6 6 6 6 6 6 6 6 6 6 2110 S BALDWIN AVENUE T-1ARCADIA CA 91007 PROJECT LOCATION: dba QUARTECH CONSULTANTS TOPOGRAPHIC MAP N dba QUARTECH CONSULTANTS ABBREVIATIONS/LEGEND: