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HomeMy WebLinkAboutItem 2 -Appeal SFADR 14-89DATE: November 10, 2015 TO:Honorable Chairman andPlanning Commission FROM:Jim Kasama, Community Development Administrator By: Tim Schwehr,Management Analyst SUBJECT:APPEAL OF THE DENIAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 14-89FORA PROPOSED 3,939 SQUARE-FOOT, TWO-STORY RESIDENCE WITHA 2,557 SQUARE- FOOT BASEMENT, AN ATTACHED 433 SQUARE-FOOT TWO-CAR GARAGE, AND AN ATTACHED 245 SQUARE-FOOT ONE-CAR GARAGE AT 1734 CLARIDGE STREET Recommendation: Deny Appeal SUMMARY The applicant, Mr. Sidney Changof CT Max,on behalf of the property owner, Mr. Yan T. Tan, is appealingthe Development Services Department’s denial of thearchitectural design review for a proposed 3,939 square-foot, two-story residence with a 2,557 basement, an attached 433 square-foot two-car garage, and an attached 245 square- foot one-car garage at 1734 Claridge Street-see Attachment No. 2 for the Current Submittal of Architectural Plans.It is recommended that the Planning Commission deny the appeal. BACKGROUND The subject property is 11,026 square-feet in area, zoned R-1-7,500, and is currently developed with a 1,868 square-foot, one-story residence with an attached two-car garage constructed in 1952. The property is located on Claridge Street, which isacul- de-sac in the northern part of the City. Thecross street to the southisSierra Madre Boulevard.The street and properties slopemoderately from north to south. Including the two corner lots, thereare 18 properties on the street-see Attachment No. 1 for an Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity. The properties are currently improved as follows: x Thirteenone-story homesoriginally constructed in the 1950s, ranging from 1,300 square-feet to 2,988square-feet in size; x One1½-storyhomeof2,871 square-feet in size at1743 ClaridgeStreet, constructed in 1950 with major additionscompleted in 1994 and 2010; Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 2of 7 x Four,two-story homesconsisting of: x A4,829square-foot, two-story residence at 1742 Claridge Street, constructed in 2013(immediately north of the subject property); x A 3,689 square-foot, two-story residenceat 1718 Claridge St. (two properties to the south of subject site),originally constructed in 1949 with additions completed in 1994 and 2001; x A4,232 square-foot, two-story residenceat 1759 Claridge Street, constructed in 1997(end of cul-de-sac);and x A2,487 square-foot, two-story residence at 155 Sierra Madre Boulevard (corner property), originally constructed in 1950 with anaddition completedin 2006. Thepropertiesimmediately aroundthe subjectpropertyconsist ofthe following: x North:4,829 square-foot, two-story residence constructed in 2013. x South:1,332 square-foot, one-story residence constructed in 1950. x West:One-story residences of1,665 square-feet and 2,988 square-feet, originally constructed in 1950. x East:4,947 square-foot, two-storyresidenceconstructed in1962 with a major addition completed in 2004. The applicant, Mr. Sidney Chang of CT Max, on behalf of the property owner, Mr. Yan T. Tan, submitted Single-Family Architectural Design Review No. SFADR 14-89 on July 18, 2014. The original submittal was for a 4,717 square-foot, two-story residence, with a 3,039 square-foot basement, and a 637 square-foot three-car garage –see Attachment No. 3showing the FirstsubmittalofArchitectural Plans. Planning Services found that this proposal did not meet the City’s Single-Family Residential Design Guidelines (SFRDG), and issued an incompletion letter on August 18, 2014. Among the items identified as incompatible with the surrounding neighborhood and inconsistent with the City’s SFRDG were the architectural style, massing, and site planning of the proposed residence –see Attachment No. 4 for the Incompletion & Denial Letters. Two additional design submittals followed on October 22, 2014, and on January 28, 2015, in which both showed relatively minor changes to the design of the proposed home. Staff’s responses to both submittals were that further revisions were needed to improve the architectural style and to reduce the mass and bulk of the structure –see Attachment No. 4.In response to the January 28, 2015submittal,staff noted in the March 26, 2015,incompletion letter that failure to address the outstanding items with the next submittal would result in a denial of the design review. The fourth submittal was received on July 24, 2015. Over the course of the three revised submittals, the design has been altered as follows: Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 3of 7 x Revised the architecture to a more coherent Tuscan architectural style; x Set back the second-story of the residence an additional 2’-0” from the front property line; x Increasedthe second-story setback from the south property line (adjacent to one-story residence) from the minimum 22’-0” required by the Zoning Codeto 32’-6”. Set back the rear corner of thesecond-story an additional 4’-0” from the south property line to 36’-6”; x Lowered the top-plate heights from 10’-0” to 9’-0” for the first and second floors; x Reduced theoverall height of the house from 27’-5” to24’-9” (maximum 30’-0” allowed by the Zoning Code); x Revised the front facing three-car garage to a side-facing one-car garage and front-facing two-car garage. The two-car garage was also setback an additional 13-feet further from the front property line; x Reduced the total livable areafrom 4,717square-feet to 3,939 square-feet;and x Reduced the size of thebasementfrom 3,039 square-feet to 2,557 square-feet. ANotice of Pending Decision was mailed on July 31, 2015,to the property owners and residents in the design review notification area –see mapon page 5.In response to this notice,staff received three letters/emails ofoppositionto the projectfrom residents in the surrounding neighborhood. Staff also received a petition in opposition to the project signed by the residents of ten of the properties within the immediate vicinity-see Attachment No. 6for thePublic Commentsof Opposition andPetition. The letters/emails and petition state opposition to the project based on compatibility concerns with the Tuscan architectural style,the large basement,and the overall sizeof the proposed home in relationto the neighborhood.In addition, the petition questions whether the project complies with several Arcadia Municipal Code Sections,and whether the project isexempt from CEQA. Staff has reviewed the Code Sections referenced in the petition and has confirmed that the project complies with allArcadia Municipal Code requirements.The development of one,single-family residence qualifies as a Class 3 Categorical Exemption per the 2015 State of California CEQA Statutes and Guidelines. Because of the significant neighborhood opposition to the project,staff suggested to the applicant that prior to the Development Services Department taking action on the application, theapplicant should reach out to thoseresidents and property owners in the surrounding neighborhood in opposition to the project to discuss what changes could be made to address their concerns. In response to this suggestion, the applicant noted that the proposed design has already been reduced in size, mass, and volume from the original submittal, and thereforeno further reductions in the square-footage of the design would beacceptableto the property owner.Furthermore, the applicant indicated his convictionthatit would beunfair to the property ownerto deny the projectbased Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 4of 7 solely on neighborhood opposition.Therefore, the applicant chose not to meet with the surrounding neighbors or makefurther changes to the design,and requested that staff proceed with issuing a decision on the proposed design. On September 29, 2015, the Development Services Department issued a denial letter (see Attachment No. 4) for the project, based on a determination thatfurther reductions in the massand volume of the proposed residence are needed for the design to be deemed compatible with the surrounding neighborhood and consistent with the City’s Single-Family Residential Design Guidelines.On October 2, 2015, theapplicant filed an appeal oftheDevelopment Services Department’s decision-see Attachment No. 5 for the Appeal Letter. Appeals of Single-Family Architectural Design Review decisions by staff are heard before the Planning Commission. The Planning Commission may approve, conditionally approve, or deny the appeal/proposed design.The Commission’s decision may be appealed to the City Council. PROPOSAL The fourth submittal of architectural plans (Attachment No. 2) proposes a 6,496 square- foot residence comprised of a 2,712 square-foot firstfloor, a 1,227 square-foot second floor, and a 2,557 square-foot basement. The first floor is comprised of aliving room, dining room, family room, office, kitchen, wok-kitchen, two bedrooms, and 2½ bathrooms. No open ceilings to the second floor areproposedfor thefirst floor. The second floor consistsofthree bedrooms and three bathrooms, and thebasement contains a gym, game room, theater, wine room, and storage area. An attached 433 square-foot, two-car garage and an attached 245 square-foot, one-car garage are proposed at the front of the residence. The architecture of the proposed residence is Tuscan in style, and featurescolors, materials, and design elementstypical of this style of architecture. The proposed setbacks for the first-story are at or slightly greater than the minimum 11-foot requirement.Thesecondstory is at the required setbacks fromthe front, rear, and north property lines.But, from the south side property line, which is on the downhill side, the secondstory is setback 32’-6”, which is 10’-6” more than the minimum 22-foot requirement.The conceptual landscape plan for this projectindicates that several mature trees in the front and rear yards are to be preserved. Additional new trees are proposedin the front, rear, and side yards, includingnew privacy hedge trees along the rear and side property lines. ANALYSIS Staff is satisfied with the overall architectural style of the proposed residence,including the proposed materials, colors, and architectural detailing.The basement, although large,does not add mass or volume to theresidence, and does not affectthe architecture or visual character of the residenceas viewed from the street and/or surrounding properties.Thebasementis not part of thereasons for the staffdenial of the project. The primary reason for the staff denial isthat the majority of the homes on Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 5of 7 this block are single-story, post-war homes, including the immediate homes to the south and west of the subject property. It is staff’s determination thatfurther reductions and changes in the mass and visual appearance of the second-story are needed for the design to be deemed compatible with the neighborhood and consistent with the City’s Single-Family Residential DesignGuidelines.Theproposed design is inconsistent with the following design guidelines: Site Planning(p.6): x The location, configuration, size, and design of new buildings should be visually harmonious with their sites and compatible with the character and quality of the surroundings. x Theheight and bulk of proposed dwellings should be in scale and in proportion with the height and bulk of dwellings on surrounding sites. Alternatively, projects should incorporate design measures to adequately mitigate scale differences. Massing(p.9): x Newdwellings should be compatible in mass and scale to surrounding buildings in the neighborhood and with the natural site features. The City’s Single-Family Residential Design Guidelines can be found at: http://www.ci.arcadia.ca.us/docs/sf_arch_design_guidelines_4-17-09.pdf ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 3Exemptionfrom the requirements of the California Environmental Quality Act (CEQA) asNew Construction of One,Single- Family Residenceunder Section 15303of the CEQA Guidelines.Refer to Attachment No. 7for the Preliminary Exemption Assessment. PUBLIC COMMENTS In addition to the Notice of Pending Decision process, public hearing notices for this appealweremailed on October 27,2015,to the property ownersand tenants of those properties within the design review notification area, and to other residents in the vicinity who had previously commented on the design review submittal.As ofNovember 5, 2015, staff hasnot received any additional public comments onthe project. Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 6of 7 RECOMMENDATION It is recommended that the Planning Commissiondenythe Appeal, and uphold the decision of the Development Services Department to deny Single-Family Architectural Design Review No. SFADR 14-89, and find that the project is not consistent with the Single-Family Residential Design Guidelines. If the Planning Commission intends to approve the Appeal, and approve the proposed design, it is recommended that the decision be subject to the following conditions: 1.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. 2.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 ofthe matter. 3.Approval of Single-Family Architectural Design Review Application No. SFADR 14-89shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner/applicant has 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. PLANNING COMMISSION ACTION Approval of Appeal If the Planning Commission intends to approve the Appeal and overturn the Development Services Departmentdenial, and approve the proposed design, the Commission should approve a motion that finds that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and approves Single-Family Architectural Design Review No. SFADR 14-89based on a findingthat the proposed Appeal SFADR 14-89 1734 Claridge Street November 10, 2015 –Page 7of 7 design isconsistent with the City’s Single-Family Residential Design Guidelines, and subject to the aforementioned conditions, as may be modified by the Commission. Denial of Appeal If the Planning Commission intends to deny the Appeal and uphold the Development Services Department denial of the proposed design, the Commission should approve a motion to deny the Appeal and deny Single-Family Architectural Design Review No. SFADR 14-89, findingthat theproposed designis not consistent with the City’s Single- Family ResidentialDesign Guidelines. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 10, 2015, Planning Commission meeting, please contact Management Analyst,Tim Schwehrby calling (626) 574-5409, orby email to TSchwehr@ArcadiaCA.gov. Approved: Attachment No. 1:Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity Attachment No. 2:Current Submittal of Architectural Plans Attachment No. 3:First Submittal of Architectural Plans Attachment No. 4:Incompletion & Denial Letters Attachment No. 5:Appeal Letter Attachment No. 6:Public Comments of Opposition Attachment No. 7:Preliminary Exemption Assessment Link to Single-Family Design Review Guidelines: http://www.ci.arcadia.ca.us/docs/sf_arch_design_guidelines_4-17-09.pdf Attachment No. 1 Attachment No.1 Aerial Photo & Photos of Subject Property & Vicinity Overlays Selected parcel highlighted Parcel location within City of Arcadia n/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: VLDR Zoning: Property Characteristics 1952 1,868  <$177$1 Site Address: 1734 CLARIDGE ST 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-Nov-2015 Page 1 of 1 11,026 OTHER DWELLINGS ON CLARIDGE STREET 1756 Claridge St ( screened from street by trees) 1760 Claridge St 1759 Claridge St (screened from street by trees) 1755 Claridge St OTHER DWELLINGS ON CLARIDGE STREET 1701 Claridge St 1709 Claridge St 155 Sierra Madre Blvd 1712 Claridge St Attachment No. 2 Attachment No.2 Current Submittal of Architectural Plans 65.72'S 00°48'58" E 103.03' S 89°20'24" W 110.00'S 01°02'04" E 99.63' N 89°20'24" E INTERLOCKING PAVERS CONC. WALKWAYRESIDENCE SINGLE FAMILY HOUSE 1734 CLARIDGE ST. ARCADIA, CA 91006 L-1071114T.L. JobDrawnSheet CONCEPTUAL1"=10'-0"07-11-14 DateScale Assessor's ID No. 5766-017-020 Sheet TitleProject BEN LUNDGREN & ASSOCIATES 2605 FAIRFIELD PL. SAN MARINO, CA 91108 TEL: 626-535-9544 FAX: 626-535-9534 CONSULTANT LANDSCAPE ARCHITECT, LIC. # 3109 DATENOREVISIONSTERRY LEE DESIGN GROUP 220 W. LESLIE DR. SAN GABRIEL, CA 91775 TEL: 626-285-6522 FAX: 626-285-6479 Prepared by LANDSCAPE PLAN CONCEPTUAL LANDSCAPE PLANSCALE : 1" = 10'-0"L=44.40' CONC. WALKWAY 07°42'34"R=330.00' EX. PARKWAY DRIVEWAY CONC. WALKWAY PORCH CO NC.W AL K W A Y LAWN LAWNLAWN 09-15-14101-07-152 1-CAR GARAGE 2-CAR GARAGE CONC. WALKWAY CONC. WALKWAY CONC.PATIO 05-21-153 Attachment No. 3 Attachment No.3 First Submittal of Architectural Plans Attachment No. 4 Attachment No.4 Incompletion & Denial Letters Attachment No. 5 Attachment No.5 Appeal Letter & Email 1 Tim Schwehr Subject:FW: 1734 Claridge St  From: Jonathan Soo [mailto:fjsoo@yahoo.com] Sent: Wednesday, September 16, 2015 4:56 PM To: Tim Schwehr; 'Sidney Chang' Subject: Re: 1734 Claridge St Hi Tim, I went back to check the project information after the meeting with you on Monday and found that the current proposed floor area is about 3900 s.f. which is about 35% FAR for this project. We also had a meeting with the owner yesterday. The owner would not want to make any further revision to the plan, he even mentioned that he would go back to the 1st original submitted design of the 4700 s.f. if the project need to go to Planning Commission or City Council. We have been working with the city for several months to refine the design to the city's standard, we also provided additional setback than required at the first and second floor in order avoid any disturbance to the neighbors. Furthermore, we reduced the proposed area to a number that is much more below than the maximum allowable area per current zoning code. I think we have been working with the city in good faith during this design process. However, it is very unfair to the current owner if the project is rejected just because it is opposed by some of the neighbors.I understand that we should try our best to work with the neighbors to provide a reasonable design to the area. However, their demands of further reducing the proposed area to below 35% FAR or providing only a single-story building are too excessive and not acceptable to the owner. I hope you can convey our points to you supervision and come out with a decision that is reasonable. Please feel free to contact me if you have any further questions or need any further information to support your decision. Thank you very much for you patience and effort. Sincerely, Jonathan Soo (626)319-0658 Attachment No. 6 Attachment No.6 Public Comments of Opposition Attachment No. 7 Attachment No.7 Preliminary Exemption Assessment CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 Preliminary Exemption Assessment\2011FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1.Name or description of project:Single-Family Architectural Design Review No. SFADR 14-89 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): 1734 Claridge Street,Arcadia, CA 91006 (cross street:Sierra Madre Blvd) 3.Entity or person undertaking project:A. B.Other (Private) (1)NameSidney Chang, CT Max (2)Address112 N. Earle St. San Gabriel, CA 91775 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 QualityAct (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:Section 15303 f.The project is statutorilyexempt. 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:September 29, 2015Staff:Tim Schwehr, Management Analyst