HomeMy WebLinkAboutItem 3 - MP 14-15, TRE 15-26, SFADR 14-85DATE: December 8, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jordan Chamberlin, Assistant Planner
SUBJECT: APPROVAL OF MODIFICATION NO. MP 14-15, OAK TREE
ENCROACHMENT PERMIT NO. TRE 15-26, AND SINGLE-FAMILY
ARCHITECTURAL DESIGN REVIEW NO. SFADR 14-85 WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW SINGLE-
FAMILY RESIDENCE AT 1407 S. SECOND AVENUE.
Recommendation: Conditional Approval
SUMMARY
The applicant, Mr. Danny Cheng, is requesting approval of a Zoning Modification, Oak
Tree Encroachment Permit, and Single-Family Architectural Design Review for a new
5,777 square-foot, two-story, Traditional-style, single-family residence at 1407 S.
Second Avenue. Construction of one single-family residence and Modifications as minor
alterations to land use limitations 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 13,014 square-foot interior lot, zoned R-1-7,500. The lot
dimensions are 70 feet wide by 185.92 feet deep. The property is currently developed
with a 3,644 square-foot, two-story, single-family residence built in 1924 – refer to
Attachment No. 1 for an Aerial Photo with Zoning Information & Photos of the Subject
Property and Vicinity.
A Certificate of Demolition was approved on August 4, 2014, for the existing 3,644
square-foot residence. The evaluation by an Architectural Historian found that the
existing residence has no historical significance because it is not representative of any
particular architectural style, is not a historic resource, nor eligible for listing on the
California Register. The Historian’s report is included as Attachment No. 2.
MP 14-15, TRE 15-26 & SFADR 14-85
1407 S. 2nd Avenue
December 8, 2015 – Page 2 of 6
PROPOSAL
The applicant is proposing to demolish the existing structures on the site to build a
5,777 square-foot, two-story, single-family residence with an attached 646 square-foot,
three-car garage, as shown on Attachment No. 3 – the Proposed Architectural Plans.
The floor plan includes five (5) bedrooms, five (5) full bathrooms, and one (1) half
bathroom, a living room, dining room, family room, kitchen with adjacent fry room and
nook, entertainment room, office, laundry room, and loft. The proposed architectural
style is described as Traditional, with architectural features that include brown tile
roofing, gabled roof, window shutters, and smooth stucco finish. The overall building
height is 24’-6” as measured from the average existing grade, where a maximum of 25-
0” is permitted by Code. The proposed new residence will have a lot coverage of
approximately 34%. The maximum allowed by Code is 35%.
The applicant is requesting approval of a Zoning Modification to allow a 47’-0” front yard
setback from the existing front property line in lieu of 63’-1” required and approval of an
Oak Tree Encroachment permit to allow new landscaping and hardscaping to encroach
into the protected area of one Coast Live Oak tree located on the neighboring property
to the south.
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 requires that all setback
Modifications for a new dwelling shall be subject to the approval of the Planning
Commission, or the City Council upon appeal. Besides the requested Modification, the
proposal meets all other applicable zoning regulations.
Figure 1. Front elevation for the proposed residence at 1407 S. 2nd Avenue
MP 14-15, TRE 15-26 & SFADR 14-85
1407 S. 2nd Avenue
December 8, 2015 – Page 3 of 6
ANALYSIS
Zoning Modification
The R-1 zoning regulations require a minimum front yard setback of 25’-0”, or the
average of the front yard setbacks of the two adjacent neighbors, whichever is greater.
The adjacent neighbors have front yard setbacks of 95’-6” and 30’-8”, for an average of
63’-1” measured from the existing front property line. The neighboring lot to the north is
95’-0” deeper than the subject property, which allows for the much greater front yard
setback. The intent of the requirement to meet the average of the two adjacent
neighbors is to promote a consistent streetscape.
The subject property is located on a block developed with six other single-family
residences that front S. Second Avenue. The applicant has provided a Setback Plan,
refer to Attachment No. 4, which shows the setbacks of the other homes on the block.
The setbacks range from 30’-8” to 95’-10” with an overall average of approximately 54’-
7”. The average of the block is skewed by two properties that have front yard setbacks
of 95’-6”. With these two properties excluded, the average front yard setback of the
block would be reduced to 34’-3”.
The applicant is proposing a front yard setback of 47’-0” from the existing front property
line. The Engineering Division has requested a 12’-0” dedication along S. Second
Avenue for street and highway purposes which will reduce the depth of the subject lot.
This will result in a requested front yard setback of 35’-0”, which is consistent with the
existing homes on the block and provides an adequate setback if S. Second Avenue is
widened.
The requested front yard setbacks of 47’-0” from the existing front property line, or 35’-
0” from the new property line, will be compatible with the majority of other homes in the
neighborhood. Approval of the requested Modifications will secure an appropriate
improvement of the lot and promote uniformity of development.
Oak Tree
There is a mature 20-inch diameter Coast Live Oak tree located on the neighboring
property to the south that would have its canopy encroached upon by the proposed
development. A portion of the proposed driveway and landscaping will encroach into the
protected zone of the Oak tree. A Certified Arborist analyzed the development proposal
and determined that the proposed encroachments will be tolerable, provided that the
protective measures prescribed in the Arborist’s Report are followed – refer to
Attachment No. 5 for the Arborist’s Report.
Architectural Design
The designer describes the proposal as a “Traditional” style residence based on the
architectural features that include a smooth brown concrete tile roof, off-white smooth
stucco, and shutters – see Attachment No. 3 for the Architectural Plans. The proposed
floor plan is adequately modulated and articulated to break up the building mass. The
MP 14-15, TRE 15-26 & SFADR 14-85
1407 S. 2nd Avenue
December 8, 2015 – Page 4 of 6
proposed design is consistent with the City’s Single-Family Residential Design
Guidelines.
The proposed development, with approvals of the Zoning Modification and Oak Tree
Encroachment will be consistent with the City’s General Plan, Single-Family Residential
Design Guidelines, and the City’s Zoning Code. The proposed plans have been
reviewed by the various City Departments and all City requirements shall be complied
with to the satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director, or their respective
designees.
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 Modification will allow a front yard setback that is proportionate to the
length of the lot, and the requested setback is compatible with the setbacks of other
houses in the neighborhood. The requested Modification will secure an appropriate
improvement of the subject lot and promote uniformity of development.
The Certified Arborist found that the proposed encroachments, with protective
measures, will not harm the one Oak Tree, and the encroachment will be consistent
with the City’s Tree Preservation Regulations. The proposed Traditional style
architecture, its massing, scale, and quality of design, and the proposed landscaping
match or exceed the design characteristics of other developments in the area and is
consistent with the City’s Single-Family Residential Design Guidelines.
ENVIRONMENTAL ASSESSMENT
This project involves 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. 6
for the Preliminary Exemption Assessment.
PUBLIC NOTICE
A notice regarding the proposed development was sent by the subject property owner
on October 23, 2015, to the neighboring property owners. This notice familiarizes the
surrounding property owners with the details of the proposed project and provides an
opportunity for their input on the project prior to the Planning Commission meeting.
MP 14-15, TRE 15-26 & SFADR 14-85
1407 S. 2nd Avenue
December 8, 2015 – Page 5 of 6
Public hearing notices for this item were mailed
to the property owners and occupants of those
properties that are located within 100 feet of the
subject property on November 25, 2015. As of
December 4, 2015, no comments have been
received on the subject proposal.
RECOMMENDATION
It is recommended that the Planning
Commission conditionally approve the subject
applications with an exemption from CEQA,
with the following conditions of approval:
1. A 12’-0” dedication shall be granted to the City of Arcadia for Street and
Highway purposes along S. Second Avenue, prior to a Certificate of Occupancy
to the satisfaction of the City Engineer, or designee.
2. 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 14-5, Oak Tree Encroachment Permit No.
TRE 15-26, and Single-Family Architectural Design Review No. SFADR 14-85,
subject to the approval of the Community Development Administrator, or
designee.
3. The project shall be developed and maintained by the applicant/property owner
in compliance with all of the recommended tree protection measures listed in the
Oak Tree Report prepared for this project to the satisfaction of the Community
Development Administrator, or designee.
4. 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.
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.
Figure 2. Notification Area
MP 14-15, TRE 15-26 & SFADR 14-85
1407 S. 2nd Avenue
December 8, 2015 – Page 6 of 6
6. Approval of Modification No. MP 14-15, Oak Tree Encroachment Permit No.
TRE 15-26, and Single-Family Architectural Design Review No. SFADR 14-85
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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve the project, the Commission should
approve a motion that finds that the project is Categorically Exempt from the California
Environmental Quality Act (CEQA), and approve Modification No. MP 14-15, Oak Tree
Encroachment Permit No. TRE 15-26, and Single-Family Architectural Design Review
No. SFADR 14-85 based on a finding that the proposed design will secure an
appropriate improvement of the lot, is consistent with the City’s Tree Preservation
Regulations and Single-Family Residential Design Guidelines, and subject to the
aforementioned conditions, or as may be modified by the Commission.
Denial
If the Planning Commission intends to deny this project, the Commission should
approve a motion to deny Modification Application No. MP 14-15, Oak Tree
Encroachment Application No. TRE 15-26, and/or Single-Family Architectural Design
Review No. SFADR 14-85, based on the evidence presented, and state the reasons
why the project does not meet any of the purposes for Modifications, or that the design
is not consistent with the City’s Tree Preservation Regulations and/or the 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 8, 2015, Planning Commission meeting,
please contact Assistant Planner, Jordan Chamberlin by calling (626) 821-4334, or by
email to JChamberlin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Aerial Photo with Zoning Information & Photos of the Subject
Property and Vicinity
Attachment No. 2: Historical Report
Attachment No. 3: Proposed Architectural Plans
Attachment No. 4: Setback Plan
Attachment No. 5: Arborist’s Report
Attachment No. 6: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Aerial Photo with Zoning Information &
Photos of Subject Property and Vicinity
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
1924
3,644
TERRONES,ROSALIO A JR AND TORRI
Site Address:
1407 S 2ND 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 generated02-Dec-2015
Page 1 of 1
PhotoAofAtheAsubjectAproperty,A1407AS.A2ndA venue
PhotoAofAtheAneighboringApropertyAtoAtheAnorth,A1403AS.A2ndA venue
PhotoAofAtheAneighboringApropertyAtoAtheAnortheast,A1400AS.A2ndA venue
PhotoAofAtheAneighboringApropertyAtoAtheAeast,A1404AS.A2ndA venue
PhotoAofAtheAneighboringApropertyAtoAtheAsoutheast,A1410AS.A2ndA venue
PhotoAofAtheAneighboringApropertyAtoAtheAsouth,A1415AS.A2ndA venue
Attachment No. 2
Attachment No. 2
Historical Report
Attachment No. 3
Attachment No. 3
Proposed Architectural Plans
Attachment No. 4
Attachment No. 4
Setback Plan
Attachment No. 5
Attachment No. 5
Arborist’s Report
Attachment No. 6
Attachment No. 6
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Modification Application No. MP 14-15, Oak Tree Encroachment
Permit No. TRE 15-26; and Single-Family Architectural Design
Review No. SFADR 14-85 for a 5,777 square foot, Traditional
style, two-story, single family residence with an attached 646
square-foot, three car garage with a 47’-0” front yard setback from
the existing front property line in lieu of 63’-1” required. New
landscaping and hardscaping will encroach upon one (1) oak tree.
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):
1407 S. 2nd Avenue (between: Ilene Drive and and E. Pamela
Road)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Danny Cheng, Designer
(2) Address 17627 De Oro Place
Cerritos, CA 90703
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: 15305 (Class 5, Minor Alterations to Land Use
Limitations)
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 25, 2015
Staff:
Jordan Chamberlin, Assistant Planner