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HomeMy WebLinkAboutItem 4 - SFADR 15-88 AppealDATE: June 14, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Associate Planner SUBJECT: APPEAL OF THE DENIAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 15-88 FOR A PROPOSED 6,400 SQUARE-FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 718 SQUARE-FOOT, THREE-CAR GARAGE AT 920 S. FIFTH AVENUE Recommendation: Deny Appeal SUMMARY The applicant and home designer, Mr. Philip Chan, is appealing the Development Services Department denial of the architectural design review for a proposed 6,400 square-foot, two-story, Traditional-style, single-family residence with an attached 718 square-foot, three-car garage at 920 S. Fifth Avenue – see Attachment No. 2 for the Current Submittal of Architectural Plans. The proposed development qualifies for a Categorical Exemption for new construction of one, single-family residence under the California Environmental Quality Act. It is recommended that the Planning Commission deny the appeal. BACKGROUND The subject property is 15,224 square-feet in area, zoned R-1-7,500, and is currently developed with a 1,736 square-foot, one-story residence with a detached, two-car garage constructed in 1956. The property is located on S. Fifth Avenue between Duarte Road and Leda Lane – see Attachment No. 1 for an Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity. This portion of Fifth Avenue is characterized by mid- century, Ranch-style homes that range in size from 1,260 to 2,546 square-feet. The properties immediately around the subject property consist of one-story, mid- century Ranch-style homes, with the exception of the home to the east/rear, which is a one-story, Traditional-style home built in 1986, and the development to the northeast, Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 2 of 7 which is comprised of one- and two-story, apartment buildings in Monrovia built between 1918 and 1963, that are zoned “Residential High” for high-density multiple- family housing. There are not any two-story, single-family residences within the design review notification area. The applicant, Mr. Philip Chan of PDS Studio, Inc., on behalf of the property owner, Mr. Hanjie Pan, submitted Single-Family Architectural Design Review No. SFADR 15-88 on January 3, 2015. The original submittal was for a 6,500 square-foot, two-story residence with an attached 803 square-foot, three-car garage – see Attachment No. 3 showing the First Submittal of Architectural Plans. Planning Services found that this proposal did not meet the City’s Single-Family Residential Design Guidelines (Design Guidelines), and issued an incompletion letter on January 20, 2016. Among the items identified as incompatible with the surrounding neighborhood and inconsistent with the Design Guidelines were the architectural style, massing, and scale of the proposed residence – see Attachment No. 4 for the Incompletion & Denial Letters. Another submittal followed on February 9, 2016, in which significant revisions were made to the architectural style, but only relatively minor changes were made to the scale of the proposed home and the square-footage actually increased. Staff’s response to the submittal was that further revisions were needed to reduce the mass and bulk of the structure – see Attachment No. 4. A third design submittal was received on April 6, 2016 (Attachment No. 2), but it did not adequately respond to the massing and scale comments because it included only a minor change. The side yard setback of the second floor was increased at the southeast corner of the house by a 170 square-foot reduction of livable space. Over the course of the two revised submittals, the design has been altered as follows: • Revised the architectural style from a hybrid Traditional/Mediterranean to Traditional; • Reduced the overall livable area from 6,500 square-feet to 6,400 square-feet; • Increased the livable area of the first floor by 258 square feet, from 4,212 square- feet to 4,470 square-feet; • Decreased the livable area of the second floor by 358 square feet, from 2,288 square-feet to 1,930 square-feet; • Decreased the length of the second floor by 25 feet; and • Provided additional articulation on the second story along the north side elevation. A Notice of Pending Decision was mailed on April 18, 2016, to the property owners and residents in the design review notification area – see map on page 5. In response to this notice, staff received 26 letters/emails from residents of the surrounding neighborhood; 13 letters in opposition, and 13 in support of the proposed design - see Attachment No. 5 for the Public Comments and Map of Commenters. The letters/emails of opposition question the compatibility of the proposed two-story home with the surrounding single-story neighborhood, the potential change in character to the Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 3 of 7 neighborhood, obstruction of views, and the overall size of the proposed home in relation to other homes in the neighborhood. The applicant states that attempts were made to meet with all the nearby residents and property owners of the subject portion of Fifth Avenue; however, according to the applicant, several residents and property owners were unreachable. The applicant elected not to revise the plans in response to the comments in opposition received during the notice period. On May 12, 2016, the Development Services Department issued a denial (see Attachment No. 4) for the project, based on a determination that further reductions in the size, mass, and 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 May 20, 2016, the applicant filed an appeal of the Development Services Department decision – see Attachment No. 6 for the Appeal Letter. 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 third submittal of architectural plans (Attachment No. 2) proposes a two-story, 6,400 square-foot residence comprised of a 4,470 square-foot first floor and a 1,930 square-foot second floor. The first floor is comprised of a high-ceiling foyer, a great room, library, home theater, wet bar, pantry, kitchen, wok-kitchen, family room, three bedrooms, and 3½ bathrooms. The second floor consists of three bedrooms and three bathrooms. An attached, 718 square-foot, three-car garage is proposed at the front of the residence. The architecture of the proposed design is Traditional in style, and features colors, materials, and design elements typical of this style of architecture. The layout of the house places a small one-story portion closest to the street which connects to the two- story portion further back on the lot. The proposed side yard setbacks for the first-story vary from the minimum 7’-6” to up to 14’-6”. The proposed second story side yard setback on the north side of the home is mostly at 15’-0”, which is the minimum Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 4 of 7 requirement for this lot, but the south side of the home has a larger setback that varies from 19’-0” to 22’-10”. The second story is setback an additional 29’-0” from the required front yard setback. The conceptual landscape plan for this project indicates that many of the existing mature trees will be preserved in the front, rear, and side yards, and new privacy hedge trees will be provided 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 reason for the denial is that all of the single-family homes in the immediate vicinity of the subject property on Fifth Avenue are single-story homes. It is important to note that the subject property at 920 S. Fifth Avenue and the two properties to the south of it are significantly larger than the other properties further south on that part of Fifth Avenue. It is based on this larger lot size that staff determined that the proposal could be re-designed to a one-story house without significantly reducing the desired square-footage of the home and be more in character with the neighborhood. Alternatively, a home with a small second- story could also be appropriate if the site-planning and massing of the upper floor were carefully addressed. It is staff’s determination that a re-design of this proposal to be a one-story home or with substantial reductions in the mass and visual appearance of the second-story are necessary for the design to be deemed compatible with the neighborhood and consistent with the City’s Single-Family Residential Design Guidelines. FINDINGS Staff finds that the proposed project is inconsistent with the following design guidelines: Site Planning (p.6): • 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. • The height 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): • New dwellings 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: https://www.arcadiaca.gov/home/showdocument?id=1098 Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 5 of 7 ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 3 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA) as New Construction of One, Single-Family Residence under Section 15303 of the CEQA Guidelines. Refer to Attachment No. 7 for the Preliminary Exemption Assessment. PUBLIC COMMENTS The Notice of Pending Decision was issued on April 18, 2016. Comments were received from 13 neighboring property owners opposed to the proposal, and 13 letters/emails were received in support of the proposed home. Public hearing notices for this appeal were mailed on June 1, 2016, to the property owners of those properties within the design review notification area, and to the commenters (See Attachment No. 5 for a map showing the location of the commenters). As of June 9, 2016, staff has not received any additional public comments on this project. RECOMMENDATION It is recommended that the Planning Commission deny the appeal, and uphold the decision of the Development Services Department to deny Single-Family Architectural Design Review No. SFADR 15-88, based on the finding 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 Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 6 of 7 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. 3. Approval of Single-Family Architectural Design Review Application No. SFADR 15-88 shall 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 Department denial, 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 the appeal and Single-Family Architectural Design Review No. SFADR 15-88, based on a finding that the proposed design is consistent with the City’s Single-Family Residential Design Guidelines, and subject to the aforementioned conditions, or 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 15-88, stating that the proposed 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 June 14, 2016, Planning Commission meeting, please contact Associate Planner, Nick Baldwin by calling (626) 574-5444, or by email to NBaldwin@ArcadiaCA.gov. Approved: Attachment No. 1: Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity Attachment No. 2: Current Submittal Architectural Plans Attachment No. 3: First Submittal Architectural Plans Appeal SFADR 15-88 920 S. Fifth Avenue June 14, 2016 – Page 7 of 7 Attachment No. 4: Incompletion & Denial Letters Attachment No. 5: Public Comments and Map of Commenters Attachment No. 6: Appeal Letter Attachment No. 7: Preliminary Exemption Assessment Link to Single-Family Design Review Guidelines: https://www.arcadiaca.gov/home/showdocument?id=1098 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 1956 1,735 0 PAN,HANJIE Site Address: 920 S 5TH 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 generated08-Jun-2016 Page 1 of 1       920 S. Fifth Ave., Subject Property  910 S. Fifth Ave., One lot to the North of the  Subject Property 954 W. Duarte Rd., Two lots to the North of  the Subject Property       930 S. Fifth Ave., One lot to the South of the  Subject Property 932 S. Fifth Ave., Two lots to the South of the  Subject Property 431 Robbins Dr., Across the Street from the  Subject Property       911 S. Fifth Ave., Across the Street from the  Subject Propertyand one lot to the North 428 E. Duarte Rd., Across the Street from the  Subject Propertyand twolotsto the North 430 S. Fifth Ave., Across the Street from the  Subject Propertyand one lot to the South       1007 S. Fifth Ave., Across the Street from the  Subject Propertyand twolotsto the South 923 Sixth Ave., Behind the Subject Property  929 Sixth Ave., Behind the Subject Property  and one lot to the South Map of Commenters: Green indicates support and red indicates opposition      Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Appeal of City Staff’s Denial of Single-Family Architectural Design Review Application No. SFADR 15-88 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): 920 S. Fifth Ave. (cross street: Duarte Rd.) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Philip Chan (2) Address 68 Genoa St., Unit B Arcadia, CA 91006 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: Class 3 – Section 15303 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: June 1, 2016 Staff:Nick Baldwin, Associate Planner