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HomeMy WebLinkAboutItem 5 - SFADR 16-08 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 APPROVAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 16-08 FOR A PROPOSED 3,588 SQUARE-FOOT, TWO-STORY, SINGLE FAMILY RESIDENCE WITH AN ATTACHED 418 SQUARE-FOOT, TWO-CAR GARAGE AT 1101 S. FIFTH AVENUE Recommendation: Deny Appeal SUMMARY Ms. Sherry Xi, Mr. David Chen, and six additional neighboring property owners are appealing the Development Services Department approval of the architectural design review for a proposed 3,588 square-foot, two-story, Traditional-style, single-family residence with an attached, 418 square-foot, two-car garage at 1101 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 8,323 square-feet in area, zoned R-1-7,500, and is currently developed with a 1,642 square-foot, one-story residence with an attached, two-car garage constructed in 1955. 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 1,260-2,546 square-feet. The properties immediately around the subject property consist of one-story, mid- century, Ranch-style homes with the exceptions of the home to the west, which is a one-story, Spanish-style home built in 1978, and the home to the north, which is a one- story, hybrid Spanish/Ranch style home built in 1957. There are and will be two-story homes in the neighborhood at the following locations: Appeal SFADR 16-08 1101 S. Fifth Avenue June 14, 2016 – Page 2 of 7 • 1016 S. Fifth Ave. – A design is in Plan Check for a two-story, 3,725 square-foot, Traditional-style house; • 1118 S. Fifth Ave. – Existing two-story, 4,038 square-foot, Mediterranean-style house; • 1224 S. Fifth Ave. - Existing two-story, 3,262 square-foot, Traditional-style house; • 1235 S. Fifth Ave. – A 6,574 square-foot, two-story, Spanish-style house is under construction. The applicant and home designer, Philip Chan, submitted Single-Family Architectural Design Review No. SFADR 16-08 on February 2, 2016. The original application submittal was for a 3,838 square-foot, two-story residence with an attached 418 square- foot, two-car garage – see Attachment No. 3 for 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 March 21, 2016. Among the items identified as incompatible with the surrounding neighborhood and inconsistent with the Design Guidelines were the massing, and scale of the proposed residence – see Attachment No. 4 for the Incompletion & Denial Letters. A revised design was submitted on April 6, 2016, in which the second floor side yard setbacks were significantly increased to address privacy and massing concerns – see Attachment No. 4. This design was determined to be consistent with the Design Guidelines. A third design submittal was received in response to informal comments provided to the applicant regarding massing on April 14, 2016 (Attachment No. 2), in which the overall articulation of the design improved and the size of the upper floor was further reduced. On March 23, 2016, a comment in support of the project was received from the property owner of 1227 S. Fifth Avenue. 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 4. In response to this notice, staff received 14 letters/emails from residents in the surrounding neighborhood; eight letters in opposition, and six 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 neighborhood, obstruction of views, loss of privacy, noise and dust associated with construction, perceived increase in crime associated with construction projects, and the potential increased risk associated with being adjacent to a two-story house during an earthquake. The letters/emails in support of the project stated that the project would be compatible with the neighborhood and had adequately addressed concerns related to privacy. Over the course of the two revised submittals, the design has been altered as follows: • The total livable area was reduced from 3,838 square-feet to 3,588 square-feet by eliminating 250 square-feet from the upper floor; Appeal SFADR 16-08 1101 S. Fifth Avenue June 14, 2016 – Page 3 of 7 • Increased the northerly side setback for the second floor by approximately 4’-0” to 20’-0”; • Increased the front yard setback for the second floor by approximately 2’-6” to 38’- 2”; and • Provided additional articulation on the second story along the north side elevation and front elevation. The applicant states that attempts were made to meet with the nearby residents and property owners of this area 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 comments in opposition received during the notice period. On May 5, 2016, the Development Services Department issued a conditional approval letter for the project (see Attachment No. 4), based on a determination that the revised design that was received on April 14, 2016 is compatible with the surrounding neighborhood and consistent with the City’s Single-Family Residential Design Guidelines. On May 12, 2016, Ms. Sherry Xi, Mr. David Chen, and six additional property owners filed an appeal of the Development Services Department decision – see Attachment No. 6 for the Appeal Letter. The Planning Commission may approve, conditionally approve, Appeal SFADR 16-08 1101 S. Fifth Avenue June 14, 2016 – Page 4 of 7 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 3,588 square- foot residence comprised of a 2,385 square-foot first floor and a 1,200 square-foot second floor. The first floor is comprised of a foyer, a great room, library, mudroom, wet bar, kitchen, wok-kitchen, family room, one bedroom, and 1½ bathrooms. The second floor consists of three bedrooms, three bathrooms, and a loft. An attached, 418 square- foot, two-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 proposed side yard setbacks for the first-story vary from 7’-0” to 16’-6”. The proposed second story side yard setback on the north side of the home is from 20’-0” to 21’-6”, which is significantly more than the 13’-11” minimum required. The south side of the second floor also has a substantial setback of 14’-10” to 20’-2”. The ground floor is set back from the front property line 25’-0”, which aligns with the adjacent homes, and the second floor is set back an additional 9’-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 and rear yards, and new privacy hedges and trees will be planted along the rear and side property lines. ANALYSIS In the neighborhood of the subject property there are two-story homes across the street and four lots to the south, and two-story homes are to be built across the street and five lots to the north (See Attachment No. 1 for photos of the neighboring homes and an elevation of the home to be built, and see Attachment No. 5 for a contextual map of the neighborhood). The adjacent properties are developed with single-story, Ranch-style homes. Because of this, the size and massing of the second story of the proposed home were focal points of staff’s review of this project. To address these concerns, the second floor was significantly reduced in size and set back further from the street. It is noteworthy that the size of the proposed home is less than the new FAR limit for the lot of 3,745 square feet. The design is compatible with the neighborhood. The proposed design respects the scale of the neighborhood. The plate heights of 9’-0” for the first floor, and 8’-0” on the second floor are consistent with the neighborhood. The proposed wood siding, window shutters, neutral colors, stone veneer, and wood-beamed front porch are all architectural elements that are drawn from the existing character of the street. The second floor has a modest appearance as viewed from the street because it is substantially set back from the first floor. Also, the sides of the second floor are well designed with good articulation and small windows in consideration of the privacy of the neighboring properties. Privacy is further addressed through the use of hedges that are to be planted along the side and rear property lines. For these reasons, it was staff’s determination that the proposed design is consistent with the City’s Single-Family Residential Design Guidelines. Appeal SFADR 16-08 1101 S. Fifth Avenue June 14, 2016 – Page 5 of 7 The City’s Single-Family Residential Design Guidelines can be found at: https://www.arcadiaca.gov/home/showdocument?id=1098 ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 3 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 eight neighboring property owners opposed to the proposal, and six letters/emails were received in support of the proposed home. One comment in support of the project was received on March 23, 2016, prior to the Notice of Pending Decision. 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. As of June 9, 2016, staff has not received any additional 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 approve Single-Family Architectural Design Review No. SFADR 16-08 based on the finding that the project is consistent with the Single-Family Residential Design Guidelines, subject to the following conditions of approval: 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 16-08 1101 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 16-08 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 approval, and deny the proposed design, the Commission should approve a motion to approve the appeal and deny Single-Family Architectural Design Review No. SFADR 16-08, stating particularly how the proposed design is not consistent with the City’s Single-Family Residential Design Guidelines. Denial of Appeal If the Planning Commission intends to deny the appeal and uphold the Development Services Department approval of the proposed design, the Commission should approve a motion that finds that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), denies the appeal, upholds the approval of Single- Family Architectural Design Review No. SFADR 16-08, based on the finding that the proposed design is consistent with the City’s Single-Family Residential Design Guidelines, and is subject to the aforementioned conditions, or as may be modified by the Commission. 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 Appeal SFADR 16-08 1101 S. Fifth Avenue June 14, 2016 – Page 7 of 7 Attachment No. 3: First Submittal Architectural Plans Attachment No. 4: Incompletion & Conditional Approval 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 1955 1,642 0 Site Address: 1101 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 generated09-Jun-2016 Page 1 of 1 1101 S. Fifth Ave., Subject Property 1035 S. Fifth Ave., One lot to the North of the Subject Property 1029 S. Fifth Ave., Two lots to the North of the Subject Property 1107 S. Fifth Ave., One lot to the South of the Subject Property 1111 S. Fifth Ave., Two lots to the South of the Subject Property 1100 S. Fifth Ave., Across the street from the Subject Property 1032 S. Fifth Ave., Across the street from the Subject Property and one lot to the North 1026 S. Fifth Ave., Across the street from the Subject Property and two lots to the North 1106 S. Fifth Ave., Across the street from the Subject Property and one lot to the South 1110 S. Fifth Ave., Across the street from the Subject Property and two lots to the South 1118 S. Fifth Ave., Across the street from the Subject Property and three lots to the South 409 Patricia Ave., Lot to the rear of the Subject Property 409 Patricia Ave., To the rear of the Subject Property and one lot to the South 1032 Fourth Ave., To the rear of the Subject Property and one lot to the North 1016 S. Fifth Ave., Across the Street and Five lots to the North. In Plan Check. Map of Commenters: Comments in support in green and comments in opposition in red    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 16-08 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): 1101 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