HomeMy WebLinkAboutItem 4 - TPM 13-12 Extension Request_1414 S Eighth AveExtension of TPM 13-12 (72519)
January 12, 2016
Page 1 of 2
DATE: January 12, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: A SIX-MONTH EXTENSION FOR THE CONDITIONAL APPROVAL OF
TENTATIVE PARCEL MAP NO. TPM 13-12 (72519) TO SPLIT ONE LOT
INTO TWO LOTS AT 1414 S. EIGHTH AVENUE.
Recommendation: Approval
On November 26, 2013, the Planning Commission conditionally approved Tentative
Parcel Map No. 13-12 by a vote of 5-0 to split the lot at 1414 S. Eighth Avenue into two
lots. The lot split would result in the westerly portion that fronts S. Eighth Avenue being
one lot that is already developed with a single-family residence. The easterly portion
would be a new lot fronting on Kaitlyn Place, and would be developed with a new
residence. The staff report and Resolution No. 1888 for the November 26, 2013,
Planning Commission meeting are attached. The Tentative Parcel Map would have
expired on November 25, 2015, however, the Subdivision Map Act provides for a 60-
day extension upon submittal of an extension request. Approval of the Tentative Parcel
Map will expire on January 24, 2016.
The approval of this subdivision was followed by applications to develop the new Kaitlyn
Place lot. These included Single-Family Architectural Design Review No. SFADR 14-
118, Modification No. MP 14-18 to allow the home to encroach into the side yards, and
Oak Tree Encroachment Permit No. TRE 14-73 for the encroachment upon three oak
trees. These applications were approved 5-0 by the Planning Commission on December
9, 2014. The staff report for that meeting is attached. Plans were submitted to Building
Services on April 13, 2015, and were approved as of August 11, 2015.
The applicant, Mr. Richard Tipping of Tipping Development, filed an extension request
(attached) on November 13, 2015, citing delays due to a very lengthy response time
from the County of Los Angeles Public Works Department regarding the relocation of a
recreational trail easement at the easterly/rear portion of the new lot. Mr. Tipping stated
in the extension request that an additional month would be needed for recordation of the
map; however, Mr. Tipping has confirmed that additional time is needed. He is asking
for a six-month extension to July 12, 2016, to record the parcel map.
Extension of TPM 13-12 (72519)
January 12, 2016
Page 2 of 2
According to Arcadia Municipal Code (AMC) Section 9117.12, an extension of a
tentative parcel map may be granted for a period not to exceed one year beyond the
initial expiration date. AMC Section 9117.13 provides that the Planning Commission
may impose additional conditions deemed reasonable and appropriate for an extension
of a tentative parcel map. No new conditions of approval are recommended.
Tentative Parcel Map No. TPM 13-12 expired on November 25, 2015, but Subdivision
Map Act Section 66463.5 provides for an automatic extension of 60 days. Attached are
the staff reports for the November 26, 2013, Planning Commission meeting at which the
Tentative Parcel Map was approved, and for the December 9, 2014, meeting at which
the plans for the new residence were approved. It is recommended that the Planning
Commission grant a six-month extension to July 12, 2016, for Tentative Parcel Map No.
TPM 13-12 (72519).
PLANNING COMMISSION ACTION
Approval of Extension
If the Planning Commission intends to approve a time extension of this Tentative Parcel
Map approval, the Commission should approve a motion for a specified extension time,
and that finds that the project is Categorically Exempt under the California
Environmental Quality Act (CEQA), and that the map is consistent with the findings for
approval in Resolution No. 1888 (attached).
Denial of Extension
If the Planning Commission intends to deny a time extension of this Tentative Parcel
Map approval, the Commission should approve a motion to deny an extension and state
the reason for not granting an extension.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the January 12, 2016, Planning Commission meeting,
please contact Assistant Planner, Nick Baldwin by calling (626) 574-5444, or by email to
NBaldwin@ArcadiaCA.gov.
Approved:
Attachments: Extension Request Letter from the Applicant
Staff Report for the November 26, 2013, Planning Commission Meeting
Staff Report for the December 9, 2014, Planning Commission Meeting
Resolution No. 1888
Attachment No. 1
Attachment No. 1
Extension Request Letter from the
Applicant
Attachment No. 2
Attachment No. 2
Staff Report for the November 26, 2013,
Planning Commission Meeting
DATE: November 26, 2013
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: RESOLUTION NO. 1888 – TENTATIVE PARCEL MAP NO. TPM 13-12
(72519) WITH A CLASS 15 CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO SPLIT ONE
LOT INTO TWO LOTS AT 1414 S. EIGHTH AVENUE
Recommended Action: Find that this project qualifies as a Class 15
Categorical Exemption from CEQA; Conditionally Approve Tentative
Parcel Map No. TPM 13-12; and adopt Resolution No. 1888
SUMMARY
Tentative Parcel Map Application No. TPM 13-12 (72519) was submitted by the
developer, Mr. Richard Tipping to split the lot at 1414 S. Eighth Avenue into two lots.
An aerial photo with zoning information, the proposed Tentative Parcel Map, and photos
of the subject property and neighboring properties are attached. The proposed
subdivision will be consistent with the City’s General Plan, and Zoning Regulations, but
modifications are required of the lot configuration standards of the City’s Subdivision
Code. As a minor land division this project qualifies as a Class 15 Categorical
Exemption from the California Environmental Quality Act (CEQA). It is recommended
that the Planning Commission find that this project is exempt from CEQA, approve
Tentative Parcel Map No. TPM 13-12, subject to the conditions listed in this staff report,
and adopt Resolution No. 1888.
BACKGROUND
APPLICANT: Mr. Richard Tipping, Developer
LOCATION: 1414 S. Eighth Avenue
REQUEST: Approval of a Tentative Parcel Map to split one lot into two lots
SITE AREA: Approximately 29,121 square feet (0.67 acre)
FRONTAGES: 65.69’ along Eighth Avenue and approximately 303’ along Kaitlyn Place
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 2 of 8
EXISTING LAND USE & ZONING:
The site is improved with one, single-family residence that was originally
constructed in 1950, detached storage structures and horse-keeping enclosures.
The property is zoned R-1-7,500, Second One-Family residential with a minimum
lot size requirement of 7,500 square feet.
SURROUNDING LAND USES & ZONING:
North: Five, two-story, single-family residences, zoned R-1-7,500
South: Two, one-story, single-family residences, zoned R-1-7,500
East: A hiking and riding trail along the Santa Anita Wash Flood Control
Channel, zoned S-2, Public Purpose
West: One and two-story, single-family residences, zoned R-1-7,500
GENERAL PLAN DESIGNATION:
Low Density Residential – The low density residential designation
accommodates low-density single-family residential neighborhoods.
Development is typified by detached single-family residences on lots 7,200 to
10,000 square feet in size. Permitted uses are limited to single-family residences
on a single lot. Other uses that may be appropriate, consistent with zoning
regulations, include public and private schools, public parks, and other open
space uses. This designation accommodates up to 6 dwelling units per acre.
The deep lots on Eighth Avenue of approximately 440 feet in depth and most of
relatively narrow widths are holdovers from when this area was used as truck-farms and
horse-properties. Many of these properties have been consolidated and subdivided into
cul-del-sacs, as were the three properties that were immediately north of the subject
property that had the street addresses of 1402, 1406, and 1410 S. Eighth Avenue.
These properties were comparable in size and configuration to the subject property, and
in 2010 they were consolidated and subdivided into five lots on a one-sided cul-de-sac,
Kaitlyn Place – see the attached Tentative Tract Map No. TTM 69958. As a result, the
subject property became a corner lot with a street-side of approximately 303 feet. It
was deemed unfair to leave the north side of the subject property exposed, as well as to
impose onto the subject property the maintenance of the new 303-foot long parkway.
As conditions of approval for Kaitlyn Place, the developer was required to build a block
wall to secure the subject property, and an assessment district for Kaitlyn Place was
established for the maintenance of the parkway. If the proposed lot split is approved,
the assessment district would be dissolved, and the maintenance of the parkway would
become the responsibility of the owner(s) of the two new lots.
DISCUSSION
The applicant is requesting approval of a Tentative Parcel Map to split the subject
property into two parcels. The site is zoned R-1-7,500 and has a total area of
approximately 29,121 square feet. The existing one-story residence on the proposed
Parcel 1 is to remain for the time being, and there is no proposal for the development of
Parcel 2 at this time.
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 3 of 8
The existing residence on the proposed Parcel 1 complies with the R-1 zoning
regulations with a few exceptions. The front yard setback requirement for this lot is the
average of the front yard setbacks for the two neighbors, which is approximately 56’-0”
and the existing home is only setback 42’-0”. Residences are required to have two
garage parking spaces; however, this property has none. Lastly, the street side setback
for this lot will be 25’-0”, as a reverse corner lot, rather than 20’-0” as a regular corner
lot. The existing residence is set back 12’-0” from the northerly street side property line.
These three inconsistences are legal non-conforming.
Tentative Parcel Map
The proposed lot split is required to be subdivided through the Tentative Parcel Map
process – see the attached Tentative Parcel Map. Parcel 1 will be a reverse corner lot
and Parcel 2 will be considered an interior lot. Their characteristics are as follows:
Subdivision Characteristics
Parcel No. Width Depth Area
1 65.69 feet 220.00 feet 14,512 square feet
2 220.98 feet 65.68 feet 14,609 square feet
Code Minimums
75.00 feet* 100.00 feet 7,500 square feet
*85.00 for corner lots
The Subdivision section of the Municipal Code states that the front of a lot is the
property line that has the narrower street frontage (AMC Sec. 9112.32). The frontage of
Parcel 1 will remain along Eighth Avenue. The front of Parcel 2 will be the northerly
property line along Kaitlyn Place.
The subject property has a lot width of 65.69 feet, which is less than the 85-foot
minimum requirement for a corner lot. The proposed Parcel 1 will retain this
substandard width. However, there are other lots nearby with similar substandard
widths as shown in the table below:
Substandard Lot Widths of Neighboring Properties
Address Front Lot Width
1323 S. Eighth Avenue 69’-0”
1411 S. Eighth Avenue 69’-0”
1415 S. Eighth Avenue 69’-0”
1428 S. Eighth Avenue 69’-0”
The proposed subdivision will divide a particularly deep lot into two lots that will be of
comparable size with many other lots in the neighborhood – see the attached Table A –
Size of Lots within the 300-foot Radius.
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 4 of 8
Applications for Architectural Design Review for new homes on the proposed new lots
have not been submitted, and would only be accepted if the proposed subdivision is
approved. If the subject property were to be redeveloped as one lot, the current zoning
regulations would allow for a two-story home that could be up to 25 feet tall with
approximately 28,500 square feet of living area. The two proposed lots could each be
developed with two-story homes with approximately 10,500 square feet of living area.
This is comparable to what could be built on the lots across the street on Eighth Avenue
between Camino Grove Avenue and Pamela Circle.
The area of the subject property is 29,121 square feet or 0.67 acre of land area. The
density factor in the City’s General Plan for this area is up to six dwelling units per acre.
The proposed subdivision complies with this density limit. And, with the exception of the
substandard lot dimensions, the proposed lot split meets all other subdivision
regulations, and is consistent with the following General Plan land use and housing
policies:
LU-1.1: Promote new infill and redevelopment projects that are consistent with
the City’s land use and compatible with surrounding existing uses.
H-2.3: Encourage compatible residential development in areas with recyclable
or underutilized land.
H-2.4: Maintain development standards, regulations, and design features that
are flexible to provide a variety of housing types and facilitate housing
that is appropriate for the neighborhoods in which they are located.
H-2.6: Require that the density or intensity, as well as design of new
developments, be compatible with adjacent neighborhoods.
H-4.4: Support infill development at suitable locations and provide, where
appropriate, incentives to facilitate development.
With approval of the above lot design modifications, and acceptance of the legal-
nonconforming status of the existing residence, the proposed subdivision will be in
compliance with the City’s Zoning Code and Subdivision Code, and the State
Subdivision Map Act. The Public Works Services Department has verified that the
proposed lot split will not violate any requirements of a California Regional Water
Quality Control Board. The following two findings are required for approval of a
Tentative Parcel Map:
A.1. That the proposed subdivision is consistent with the City’s General Plan.
Facts to Support the Finding: The proposed lot split will create two parcels that
will be consistent in character with the Low Density Single-Family Residential
designation in the City’s General Plan.
A.2. That the discharge of waste from the proposed subdivision into the community
sewer system will comply with existing requirements prescribed by a California
Regional Water Quality Control Board.
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 5 of 8
Facts to Support the Finding: The Arcadia Public Works Services Department
confirmed that the lot split, and the development of the new lots will be adequately
served by the existing sewer infrastructure and the requirements of the California
Regional Water Quality Control Board will be satisfied.
The proposed subdivision should not be approved if the Planning Commission finds that
any of the findings for denial listed at the end of this staff report are applicable.
With approval of the lot design modifications, and acceptance of the legal-
nonconforming status of the existing residence, the proposed subdivision will be
consistent with the City’s Zoning Code, General Plan, and Subdivision Code. In
addition, all City requirements shall be complied with to the satisfaction of the Building
Official, Community Development Administrator, Fire Marshal, and Public Works
Services Director. The proposed plans have been reviewed by the various City
departments and some special conditions of approval are deemed necessary. These
are listed as recommended Condition of Approval No. 1 in this staff report.
ENVIRONMENTAL ANALYSIS
This project, as a minor land division, qualifies as a Class 15 Categorical Exemption
from the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15315 of the CEQA Guidelines. The proposed lot split will be consistent with
the General Plan and Zoning Code, and is in an urbanized area. A Preliminary
Exemption Assessment is attached to this staff report. It is recommended that the
Planning Commission find that this project is exempt from CEQA.
PUBLIC NOTICE/COMMENTS
Public hearing notices for TPM 13-12 were published in the local newspaper and mailed
to the property owners of those properties that are within 300 feet of the subject property
on November 14, 2013 – see the attached radius map. As of November 22, 2013, no
comments have been received regarding this project.
RECOMMENDATION
It is recommended that the Planning Commission approve Tentative Parcel Map No.
TPM 13-12, subject to the following conditions:
1. 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 shall be complied with to the satisfaction of the Building Official, Fire
Marshal, Public Works Services Director and Development Services Director.
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, and shall include, but shall not be limited to the
following:
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 6 of 8
a. Pay the following fees prior to approval of the Parcel Map: A Map Fee of
$100.00 and a Final Approval Fee of $25.00 for a total of $125.00.
b. Demolish any structures within five feet of any existing and proposed property
lines prior to the approval of the Parcel Map.
c. Construct, or enter into a subdivision improvement agreement with the City and
post security for all the public improvements shown on the Tentative Parcel
Map prior to approval of the Parcel Map, including the following items:
i. Remove and replace the existing curb and gutter along Eighth Avenue.
ii. Construct a new ADA access ramp at the northwest corner of Parcel 1 per
City of Arcadia Standards.
iii. Construct a new sidewalk along Eighth Avenue per the City of Arcadia
Standards.
d. Assume responsibility for the maintenance of the parkway and landscaping
along the south side of Kaitlyn Place and the City will disband the assessment
district prior to the recordation of the Parcel Map.
e. Provide the following on the Parcel Map:
i. A corner cutback dedication at the northwest corner of Parcel 1.
ii. A street dedication along the north side of the property, between Parcel 1
and Parcel 2. [Reference “Detail B” on Tract Map No. 69958 (Book 1366,
Pages 7-10)].
iii. A 5-foot easement to the City of Arcadia along Kaitlyn Place.
2. The proposed project shall be developed and maintained in a manner that is
consistent with the plans submitted and approved by TPM 13-12 (72519), subject to
the approval of the Community Development Administrator, or designee.
3. 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.
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 7 of 8
4. Approval of TPM 13-12 (72519) shall not take effect until the applicant, civil
engineer, and property owner(s) have executed and filed an Acceptance Form
available from the Development Services Department to indicate acceptance of the
conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
move to approve Tentative Parcel Map No. TPM 13-12 (72519) and adopt the attached
Resolution No. 1888 that incorporates the conditions of approval, or as may be modified
by the Commission, and which incorporates the following findings and action:
A.1. That the proposed project together with the provisions for its design and
improvement is consistent with the City’s General Plan;
A.2. That the discharge of waste from the proposed project into the community sewer
system will not violate existing requirements prescribed by a California Regional
Water Quality Control Board;
A.3. That this project is categorically exempt from the California Environmental Quality
Act (CEQA) per Section 15315 of the CEQA Guidelines; and
A.4. Authorize and direct the Development Services Director or designee to approve
and execute, if necessary, a subdivision agreement for this project.
Denial
If the Planning Commission is to take action to deny this project, the Commission
should make specific findings based on the evidence presented with specific reasons
for denial, and move to deny Tentative Parcel Map Application No. TPM 13-12 and
direct staff to prepare a resolution for adoption at the next meeting. The Planning
Commission may wish to consider the following findings, which must be expanded upon
with specific reasons for denial:
D.1. That the proposed map is not consistent with applicable general and specific
plans as specified in Section 66451 of the Subdivision Map Act.
D.2. That the design or improvement of the proposed project is not consistent with
applicable general and specific plans.
D.3. That the site is not physically suitable for the type of development.
D.4. That the site is not physically suitable for the density of development.
D.5. That the design of the subdivision or the proposed improvements is likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
TPM 13-12 (72519)
1414 S. Eighth Avenue
November 26, 2013 – Page 8 of 8
D.6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
D.7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the legislative body may
approve a map if it finds that alternate easements, for access or for use, will be
provided, and that these will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
D.8. That the proposed waste discharge would result in or add to violation of
requirements of a California Regional Water Quality Control Board.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the November 26, 2013 public hearing, please contact
Assistant Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ci.arcadia.ca.us.
Approved:
Jim Kasama
Community Development Administrator
Attachments: Aerial Photo with Zoning Information
Tentative Parcel Map
Photos of the Subject Property and Neighboring Properties
Tentative Tract Map No. 69958 for 801-809 Kaitlyn Place
Table A – Size of Lots within the 300-foot Radius
Preliminary Exemption Assessment
300-foot Radius Map
Resolution No. 1888
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: 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