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,
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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
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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
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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
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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
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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
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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