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HomeMy WebLinkAboutItem 08a - Appeal of New Two-Story Home at 1225 Oaklawn Road DATE: April 4, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director Prepared By: Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 7477 APPROVING APPEAL NO. 22-06 AND THE REVISED PROJECT FOR A NEW TWO-STORY, TRADITIONAL SINGLE- FAMILY HOUSE AT 1225 OAKLAWN ROAD CEQA: Exempt Recommendation: Adopt SUMMARY The Appellant, Alex Hou (Agent for the Property Owner – 800 Hampton, LLC), appealed the Planning Commission’s denial of a new 6,138 square foot, two-story, Cape Cod residence with an attached four-car garage, and several covered porches totaling 1,075 square feet, located at 1225 Oaklawn Road (“Project”). At the February 21, 2023, City Council hearing, the City Council voted unanimously to continue the public hearing for 42 days to allow the property owner time to work with the Architectural Review Board (“ARB”) and neighboring property owners, and to bring this item back to the April 4, 2023, meeting. The Appellant has since met with the neighbors and ARB Chair, revised the plans, changed the architectural style from Cape Cod to Traditional, reduced the overall size of the second floor and resituated it toward the rear of the house, and lowered the roof pitches. The revised project now consists of a new 6,090 square foot, two-story Traditional residence with an attached four-car garage, and several porches totaling 957 square feet. The neighbors and the ARB Chair all found the proposed changes to be acceptable. Therefore, it recommended that the City Council adopt Resolution No. 7477 (refer to Attachment No. 1), thereby approving the appeal and the revised project. Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 2 of 10 BACKGROUND The Project was originally approved by the Santa Anita Oaks Architectural Review Board (“ARB”) on a 3-2 vote on September 13, 2022. On September 26, 2022, the first appeal was originally filed by seven of the nearby property owners requesting that the Planning Commission overturn the ARB approval of the new house. The appeal was heard before the Planning Commission on November 22, 2022. After the public hearing, several Planning Commissioners determined that they could not make some of the required findings because they found the house not to be harmonious with the neighborhood; that the mass and scale of the house were inconsistent with the neighborhood; that the house was much larger than the average home along the street, and that the second story was not sufficiently pushed back per the City’s Single-Family Design Guidelines. Therefore, the Planning Commission voted 3-2 to approve the appeal and deny the home – refer to Exhibit No. 3 of Attachment No. 5 for the Planning Commission Minutes and Exhibit No. 4 of Attachment No. 5 for the Planning Commission Staff Report. On December 22, 2022, within the 10-day appeal period, the Appellant, Alex Hou on behalf of the property owner, filed an appeal of the Planning Commission’s decision to deny the new two-story home (refer to Exhibit No. 2 of Attachment No. 5). The Appellant objected to the Planning Commission’s decision and stated that the findings made were incorrect. The Appellant stated that the project is consistent with the Single-Family Residential Design Guidelines including form, mass, architectural style, height, articulation, and façade details. The Appellant also stated that the home is compatible with the surrounding neighborhood as there are larger homes along the street, including a newly-approved home at 1311 Oaklawn Road with a similar Floor Area Ratio (“FAR”), and 10 other two-story homes in the vicinity. Furthermore, the Appellant has stated that the home has been designed to minimize the appearance of it being a two-story house, hiding the visibility of the mass from the street. On February 21, 2023, the City Council considered the appeal and discussed the merits and issues regarding the design of the house and the surrounding neighborhood. Two Council Members were in support of the home as designed, while two other Council Members expressed concerns regarding the mass and scale of the home and a lack of neighborhood compatibility. Following the public hearing, the City Council voted unanimously to continue the public hearing for 42 days to allow the property owner time to work with the ARB and the neighboring property owners, and to bring this item back to the April 4, 2023, meeting - refer to Attachment No. 3 for an excerpt of the City Council Minutes from the February 21, 2023, meeting. Additionally, for the original Staff Report and attachments, please see Attachment No. 5. DISCUSSION The Appellant and the Project Architect met three times with neighboring property owner Shirley Chi and ARB Chair Tom Walker -- March 9, 2023, March 21, 2023, and March 27, 2023 -- to discuss the Project and potential changes to the design (refer to Attachment Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 3 of 10 No. 2 for the Appellant’s meeting notes). Neighboring property owner Jill Hisey also attended the March 9 and 27 meetings. All neighbors who expressed their opposition to the project were invited to the discussions. As a result of those meetings, the Appellant agreed to make the following changes to the Project: • Change the architectural style from Cape Cod to Traditional. • Modify the roof pitch of the house’s front facade and front porches from 10:12 to 7:12, thereby lowering the height of the front of the house from 26’-6” to 21’-6”, and the front covered porches from approximately 16’-6” to approximately 15’-3”. • Move the second floor further back from the front of the house, which was originally set back 63’-8” from the front property line. With these changes, the second floor will be set back 85’-1”, which is approximately 22’-0” further to the rear. • Reduce the second floor from 2,091 square feet to 1,875 square feet; a 216 square foot reduction. • Lower the maximum building height for the house from 26’-6” to 25’-6”. The table below provides a comparison between the original design and the revised design: Development Standards Original Design Revised Design Floor Area Ratio 6,798 square feet maximum (32%) 6,470 square feet 6,526 square feet* Lot Coverage 7,435 square feet(35%) 6,078 square feet 6,276 square feet Setbacks: Front Side Rear 50’ minimum (average of adjacent lots) 10’-3” (1st floor) 20’-7” (2nd floor) 35’ (1st floor) 35’ (2nd floor) 55’-5” 63’-8” (2nd floor) 11’ (north) 10’-4” (south) 22’-1” (north) 26’-6” (south) 59’-7” 63’-8” 55’-5” 85’-1” (2nd floor) 10’-3” (north) 10’-3” (south) 21’-3” (north) 35’-5” (south) 59’-9” (1st floor) 64’-2” (2nd floor) Height 30’ maximum 26’-6” 25’-6” *The actual square footage of the revised home is 6,090 square feet, but the Floor Area Ratio (FAR) exceeds this number due to high ceiling areas and a portion of the garage area which are counted in FAR. Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 4 of 10 Some of other changes that were made to house include: • The four-car garage was rearranged to a three-car garage and a one-car garage. • The first-floor square footage increased from 4,047 square feet to 4,215 square feet. • The overall Floor Area Ratio of the house increased from 6,470 square feet (30.5%) to 6,526 square feet (30.7%). The proposed FAR of 30.7% remains below the maximum allowed of 6,798 square feet (32%). As noted in the table above, the actual square footage of the home is less than this, but additional high ceiling areas and garage area leads to a higher FAR number. • Lot coverage increased from 6,078 square feet (28.6%) to 6,267 square feet (29.5%), (maximum lot coverage is 7,435 square feet – 35%). Figures 1 and 2, below provide a comparison between the original and updated front elevations. Refer to Attachment No. 2 for the full set of updated architectural plans. Figure 1: Previous front façade design Figure 2: Updated front façade design Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 5 of 10 The revised architectural style (Traditional) has a more modest front façade, which is in keeping with nearby Ranch style houses. The house now has a more horizontal rather than vertical appearance, better reflecting the dominant form of neighboring single-story Ranch houses. The revised design also has features that are shared with many of the neighboring homes, including siding, wainscotting, and use of concrete roof tiles, which will help the home blend into the neighborhood. With respect to the massing of the proposed house, the second story has been stepped back from the front and sides of the proposed first story and is not visually dominant. The visual massing of the home is minimized by setting the second floor back 29’-8” from the front of the first floor and incorporating a 35’-5” side setback on the second story’s southern facade. The home also contains significant articulation, particularly on the second story, which reduces the massing of the home and preserves the privacy of neighboring properties. As for the building height, the proposed home will be 25’-6” high, which is less than the maximum allowed of 30’. Oaklawn Road slopes from north-to-south, creating a change in grade between properties of around four feet. This change in grade emphasizes the height difference between the proposed two-story home and the existing one-story homes, particularly to the south; however, the visibility of the height difference is lessened by the significant second story setback of 35’-5” along the southern facade. The proposed height is consistent with other two-story houses along the street. The most significant difference is the visible roof slope that is 7:12. Ranch house roofs typically have a shallow pitch with a 3:12 or 4:12 slope, which emphasizes the low-horizontal nature of that architectural style. Notwithstanding the 7:12 visible roof slope, the home has a strong horizontal appearance, and the second story is similar in scale to other two-story homes in the immediate vicinity. The proposed front yard landscaping, which has not changed from the previous design, will include a new circular driveway and a paved walkway. The three existing mature oak trees will remain, while the new turf, mulch, and plants will be installed underneath and around the driplines of those oak trees. New plantings are proposed along both sides and the rear property boundary. None of the protected trees will be removed and a Protected Tree Encroachment Permit will be required for the three oak trees in the front yard. Additionally, the Appellant has provided an updated Arborist’s report for the subject site that considers all the changes to the revised building’s footprint and the second floor, and the current health of the three affected oak trees in the front yard. Based on the Certified Arborist’s review, the health of those trees remains the same and no additional protection measures are proposed - refer to Attachment No. 4 for the updated Arborist’s report. It is recommended that the City Council approve the Appeal and the revised project, subject to the following conditions: 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted for a new, two-story single- Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 6 of 10 family residence at 1225 Oaklawn Road, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The front yard pilasters shall not have lights incorporated on or within them. The Applicant/Property Owner shall provide a detail of the pilasters, which has been approved by the ARB, as part of the building plan check submission. 3. Any pool on the subject property will not include a spillway or any water feature. Pool equipment is to be setback no less than 13 feet from the rear property line. 4. No landscaping within the vehicle visibility area shall exceed three feet in height. 5. The project shall comply with the City’s Water Efficient Landscaping Ordinance (“WELO”). The Property Owner/Applicant shall submit landscaping plans and all WELO documentation with the building plans for plan check in Building Services. 6. Prior to issuance of a Certificate of Occupancy, the Property Owner/Applicant shall plant tall, mature hedges along the perimeter of the property along the north and south side yard areas. The species and box size shall be indicated on the landscape plan submitted for building plan check and shall be to the satisfaction of the Deputy Development Services Director or designee. The hedges shall be at least eight feet tall prior to the issuance of a Certificate of Occupancy. 7. The Property Owner/Applicant shall file a Protected Tree Permit application with the City within 45 days of this approval and the Property Owner/Applicant shall comply with all the recommended measures and conditions of approval imposed by the Certified Arborist that prepared the report and the City to ensure no portion of the proposed development will harm the healthy protected trees. If any of the protected trees do not survive as a result of this development, the City may require a large mature oak tree(s) to replace any failed existing tree, prior to issuance of a Certificate of Occupancy. The size and location shall be determined by the Deputy Development Services Director, or designee, and the City’s Certified Arborist. 8. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with the new Cape Cod house (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the project. This indemnity Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 7 of 10 provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within five business days of each and every notice from the City that the deposit has fallen below the initial amount, the Applicant shall replenish the deposit each and every time in order for the City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the project, this condition shall remain in effect if the entitlement(s) related to this project is rescinded or revoked whether at the request of the Applicant, or not. 9. Approval of the house shall not be of effect unless the Property Owner/Applicant has executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has denied the appeal. The Acceptance Form is to indicate awareness and acceptance of the conditions of approval. FINDINGS Section 9107.19.050 of the Development Code requires that the Review Authority may approve a Site Plan and Design Review application, only if it first makes all the following findings: 1. The proposed development will be in compliance with all applicable development standards and regulations in the Development Code. Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 8 of 10 Facts to Support This Finding: The subject site is zoned R-0, Very-Low Density Residential Zone, which allows for the development of a single-family residence. The new two-story house will not change the use or density allowed in this zone and meets all the development standards and required regulations, including but not limited to setbacks, height, and floor area ratio. Therefore, the new development will be in compliance with all the applicable standards and regulations in the Development Code. 2. The proposed development will be consistent with the objectives and standards of the applicable Design Guidelines. Facts to Support This Finding: The proposed two-story house will be consistent with the objectives and standards of the City’s Single-Family Residential Design Guidelines. The overall mass and scale of the Project will be compatible with the other homes in neighborhood, which is comprised of one and two-story homes, and the Traditional style residence will blend with the immediate homes that consists of Ranch style homes. The placement of the second floor was re-designed to be set further back from the front of the house to help mitigate the mass, and the three very large existing oak trees in the front yard will help screen and soften the mass of the house from the street. Therefore, the proposed development meets the intent of this finding. 3. The proposed development will be compatible in terms of scale and aesthetic design with surrounding properties and developments. Facts to Support This Finding: The new two-story house will be compatible with the character of the neighborhood in terms of the architectural design, since the subject site is in a residential neighborhood that is comprised of Ranch and various other architectural styles including French, Traditional/Colonial, and Tudor. The Traditional-style house is consistent with the City’s Design Guidelines in terms of form, roof, articulation, and design features and details. The architectural design, overall articulation, extensive front yard landscaping including retention of three large existing oak trees, and large second story setbacks help minimize the scale, soften the appearance of the home, and allow for consistency with the neighborhood. Therefore, the proposed project meets the intent of this finding. 4. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking and landscaping. Facts to Support This Finding: The circular driveway will provide adequate access to the garages along the northern side of the home. Parking will be easily accessible from the new driveway and vehicles will be able to maneuver adequately. The proposed landscaping will not encroach into the visibility area at the street and driveway since the hedges can be maintained at a height of three feet or less, in compliance with the Municipal Code. Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 9 of 10 5. The proposed development will be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040.C.5 for a Site Plan and Design Review application. Facts to Support This Finding: The proposed project will be in compliance with all the applicable criteria set forth in Subparagraph 9107.19.040.C.5, including all other applicable sections of the Development Code, and the City’s Single-Family Residential Design Guidelines as the proposed home will have an appropriate mass, scale, and design that fits in with the other homes in the immediate vicinity. The site layout and design are harmonious with the neighborhood as the proposed home meets or exceeds all required setbacks. The visual mass of the home is softened by pushing the second story back 29’-8” from the ground floor. Large second story setbacks on the southern façade and use of clerestory windows will limit any overlooking, or privacy issues with the adjacent property to the south. Extensive new landscaping throughout will complement the home and provide additional screening along both side and rear property lines. The driveway for the site is designed to provide efficient and safe access to the residents and neighbors. No major impacts on- or off-site are expected from this project. Therefore, the proposed house meets the intent of this finding. For the reasons stated above, it is recommended that the City Council approve the project and thereby overturn the decision of the Planning Commission to deny the proposed two- story home at 1225 Oaklawn Road. ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 3 Categorical Exemption per the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15303(a) of the CEQA Guidelines for the construction of a new single-family home - refer to Attachment No. 6 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS Public hearing notices for this item were mailed on February 9, 2023, to the property owners located within 300 feet of the subject property. The public hearing notice was published in the Arcadia Weekly on February 9, 2023. At the February 21, 2023, City Council Meeting, the City Council continued the public hearing to April 4, 2023. No additional noticing was required. Staff received three written comments and a petition prior to the February 21, 2023, public hearing. No additional public comments have been received as of Thursday, March 30, 2023. FISCAL IMPACT Any decision on the appeal would have no significant fiscal impact. Resolution No. 7477 – Appeal No. 22-06 April 4, 2023 Page 10 of 10 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7477 approving Appeal No. 22-06 and the revised project for a new two-story, single-family house with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) at 1225 Oaklawn Road, subject to the conditions of approval listed above. Attachment No. 1 Resolution No. 7477 Attachment No. 2 Revised Architectural Plans and Appellant notes from March 9, 2023, and March 21, 2023, meetings Attachment No. 3 Excerpt of City Council Minutes from the February 21, 2023 Meeting Attachment No. 4 Updated Arborist report, dated March 27, 2023 Attachment No. 5 City Council Staff Report, dated February 21, 2023, and late public comments. Exhibit No. 1 Resolution No. 7477 (updated for April 4, 2023, City Council Meeting) Exhibit No. 2 Appeal Application and Letter, dated December 22, 2022 Exhibit No. 3 Planning Commission Minutes for the November 22, 2022, Meeting Exhibit No. 4 Planning Commission Staff Report, dated November 22, 2022, can be found in the hyperlink below: https://cms9files.revize.com/arcadia/11-22- 22%20PC%20Agenda%20Packet.pdf Exhibit No. 5 Architectural Plans that were approved by the Santa Anita Oaks Architectural Review Board Exhibit No. 6 Public comment Exhibit No. 7 Preliminary Exemption Assessment (original project) Attachment No. 6 Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 7477 1 RESOLUTION NO. 7477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING APPEAL NO. 22-06 AND THE REVISED PROJECT FOR A NEW TWO-STORY, TRADITIONAL SINGLE-FAMILY HOUSE AT 1225 OAKLAWN ROAD WHEREAS, on January 10, 2022, a Regular Review Application was filed with the Santa Anita Oaks Architectural Review Board (“ARB”) by Philip Chan on behalf of the property owner, 800 Hampton LLC, for the Project; and WHEREAS, on July 21, 2022, the Santa Anita Oaks ARB held a duly noticed public hearing on the Project. Four (4) neighbors attended the meeting, expressing concerns that the mass, scale and architectural style of the house were inconsistent with the neighborhood, that the house would create privacy issues for the adjacent property to the south – 1215 Oaklawn Road, and that the Findings could not be made. The ARB continued the hearing to allow the architect to make the necessary changes to the project; and WHEREAS, on September 13, 2022, the Santa Anita Oaks ARB held a second hearing and after reviewing the revised plans and the neighbors’ concerns, the ARB conditionally approved the new home with a 3-2 vote on the basis that the proposed project is consistent with the City’s Single Family Residential Design Guidelines and that the project complies with all the regulations; and WHEREAS, on September 26, within the 10-day appeal period, the Project was appealed by Shirly Chi (owner of 1215 Oaklawn Road), Jill and Steve Hisey (owners of 515 Arbolada Drive), Feizhi Chen and Angela P. Lin (owners of 521 Arbolada Drive), Dr. Gary and Karen Jacobsen (owners of 1201 Oaklawn Road), Maurice and Beverly Stewart (owners of 1212 Oaklawn Road), Drs. Hymavathi and Narandranath Reddy (owners of 2 1220 Oaklawn Road), and Dr. David and Keppie Sullivan (owners of 1320 Oaklawn Road) appealing the ARB approval of the Project; and WHEREAS, on November 9, 2022, Planning Services completed an environmental assessment for the proposed project in accordance with the California Environmental Quality Act (“CEQA”) and recommended that the Planning Commission determine that the proposed project qualifies as a Class 3 Categorical Exemption under CEQA pursuant to Section 15303(a) of the CEQA Guidelines for the construction of a single-family home; and WHEREAS, on November 22, 2022, a duly noticed public hearing was held before the Planning Commission on said appeal, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, following consideration of all testimony and evidence including staff reports and attachments, the Planning Commission overturned the Homeowners’ Association approval and approved Homeowners’ Association Appeal No. HOA 22-05 with a 3-2 vote on the basis that the Project was not consistent with the Single-Family Residential Design Guidelines in terms of mass, scale, and overall design and that they could not make three of the five required findings. The Planning Commission directed Staff to prepare a Resolution incorporating the Planning Commission’s findings for the Project; and WHEREAS, on December 13, 2022, the Planning Commission approved Planning Commission Resolution No. 2111, which incorporated the Planning Commission’s findings for the Project; and 3 WHEREAS, on December 22, 2022, within the 10-day appeal period, the denial of the Project was appealed by Alex Hou (“Appellant”) on behalf of the property owner, 800 Hampton LLC, appealing the Planning Commission’s decision; and WHEREAS, on February 21, 2023, a duly noticed public hearing was held by the City Council, to consider the appeal, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council considered the ARB Findings and Action Report, Planning Commission staff report, the City Council staff report, attachments, and all evidence and testimony presented at the public hearing and voted unanimously to continue the item to April 4, 2023; and WHEREAS, on April 4, 2024, the City Council continued discussion on the Project and considered the updated architectural plans and all evidence and testimony presented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated February 21, 2023 and April 4, 2023, are true and correct. SECTION 2. The City Council finds, based upon the entire record, pursuant to Section 9107.19.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed development will be in compliance with all applicable development standards and regulations in the Development Code. 4 FACT: The subject site is zoned R-0, Very-Low Density Residential Zone, which allows for the development of a single-family residence. The new two-story house will not change the use or density allowed in this zone and meets all the development standards and required regulations, including but not limited to setbacks, height, and floor area ratio. Therefore, the new development will be in compliance with all the applicable standards and regulations in the Development Code. 2. The proposed development will be consistent with the objectives and standards of the applicable Design Guidelines. FACT: The proposed two-story house will be consistent with the objectives and standards of the City’s Single-Family Residential Design Guidelines. The overall mass and scale of the Project will be compatible with the other homes in neighborhood, which is comprised of one and two-story homes, and the Traditional style residence will blend with the immediate homes that consists of Ranch style homes. The placement of the second floor was re-designed to be set further back from the front of the house to help mitigate the mass, and the three very large existing oak trees in the front yard will help screen and soften the mass of the house from the street. Therefore, the proposed development meets the intent of this finding. 3. The proposed development will be compatible in terms of scale and aesthetic design with surrounding properties and developments. FACT: The new two-story house will be compatible with the character of the neighborhood in terms of the architectural design, since the subject site is in a residential neighborhood that is comprised of Ranch and various other architectural styles including French, Traditional/Colonial, and Tudor. The Traditional-style house is consistent with the 5 City’s Design Guidelines in terms of form, roof, articulation, and design features and details. The architectural design, overall articulation, extensive front yard landscaping including retention of three large existing oak trees, and large second story setbacks help minimize the scale, soften the appearance of the home, and allow for consistency with the neighborhood. Therefore, the proposed project meets the intent of this finding. 4. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking and landscaping. FACT: The circular driveway will provide adequate access to the garages along the northern side of the home. Parking will be easily accessible from the new driveway and vehicles will be able to maneuver adequately. The proposed landscaping will not encroach into the visibility area at the street and driveway since the hedges can be maintained at a height of three feet or less, in compliance with the Municipal Code. 5. The proposed development will be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040.C.5 for a Site Plan and Design Review application. FACT: The proposed project will be in compliance with all the applicable criteria set forth in Subparagraph 9107.19.040.C.5, including all other applicable sections of the Development Code, and the City’s Single-Family Residential Design Guidelines as the proposed home will have an appropriate mass, scale, and design that fits in with the other homes in the immediate vicinity. The site layout and design are harmonious with the neighborhood as the proposed home meets or exceeds all required setbacks. The visual mass of the home is softened by pushing the second story back 29’-8” from the ground floor. Large second story setbacks on the southern façade and use of clerestory windows 6 will limit any overlooking, or privacy issues with the adjacent property to the south. Extensive new landscaping throughout will complement the home and provide additional screening along both side and rear property lines. The driveway for the site is designed to provide efficient and safe access to the residents and neighbors. No major impacts on- or off-site are expected from this project. Therefore, the proposed house meets the intent of this finding. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 3 Categorical Exemption for the construction of a new single-family home per Section 15303(a) of the CEQA Guidelines. SECTION 4. For the foregoing reasons, the City Council determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15303(a), Class 3, and approves the appeal, and the revised project for a new, two-story, traditional style residence at 1225 Oaklawn Road, subject to the conditions of approval attached hereto. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. 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st zoom meeting: Attendance: Tom Walker (HOA chair), Shirley Chi (neighbor), Jill Hisey (neighbor)Philip Chan and Jack Ng (applicant) x We went over some of the concerns from the neighbors. x We went over how we can revise the plan to address some of the concerns. x We explained to Jill that all her concerns have already been address: o No pool equipment within the 10’ of rear property. o No Planting within the 10’ of rear property o Add a fence along the rear, offset 10’ from rear property line o No waterfall features for the swimming pool 3/21/2023- Attendance: Tom Walker (HOA chair), Shirley Chi (neighbor), Philip Chan and Jack Ng (applicant) Summary: 2nd zoom meeting- went over the changes we made. It seems like the neighbor welcomed some of the changes made. However, Tom and Shirley made additional requests/ comments. x The southeast corner of the building is setback approx 5’. A 2 nd change made after the zoom meeting to set the building back an additional 5’ (total of 10’ pushback) Change #1- 5’ setback: Change #2 10’-2“ setback: Request: Shirley requested if we could push an additional 5’ on the south east corner of the 2nd floor, totaling 10’. Changes made. x Approximately 675sf of massing has been removed at the front and southeast corner. See yellow area. The blue area is where the massing has been relocated. Approximately 283sf. x 2nd floor living area reduced approximately 220 sf x Elevation change Change #1: -building height at the front portion reduced by 4’ -Width of the 2nd flr roofing has been shortened, made narrower. - Roof pitch has been reduced from 10:12 to 8:12 -Large gable has been removed to reduce massing. Gable made smaller. -Styling revised from cape cod to traditional. Change #2: -Tom asked if we could lower the pitch even more. We revised roof pitched from 10:12 to 8:12 and then to 7:12 -As a result, the over height reduced by another 1’…..totaling a 5’ reduction of building height -Shirley asked if we could relocate the chimney. We reduced the height of the chimney instead. -The main building reduced by 6”…… from 26’-6’ to 25’-6” -Massing along the south and front has been reduced to minimize the impact. Attachment No. 3 Attachment No. 3 Excerpt of City Council Minutes for the February 21, 2023 Meeting 2 02-21-2023 7.PRESENTATIONS Helen Romero-Shaw, Public Affairs Manager with the Southern California Gas Company, appeared and provided information regarding the current increase in natural gas bills; she indicated that rates are coming down and the California Public Utilities Commission approved the Accelerated Public Climate Credit that will be applied to upcoming bills; she provided options to aid in lowering heating cost during these cold months and shared assistance programs for income qualified customers, bill assistance and forgiveness, home improvement assistance, and level paying options, all available on the Southern California Gas Company website. a. Presentation of Mayor’s Certificates to the Arcadia High School Constitution Team for placing first at the Southern California regional competition. This item was moved to the March 7, 2023, City Council Meeting. 8. PUBLIC HEARING a. Direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties located in the City of Arcadia and approve the annual Weed Abatement Property List. CEQA: Not a Project Recommended Action: Approve City Manager Lazzaretto presented the Staff Report. Mayor Cheng opened the public hearing. No one appeared. Mayor Cheng closed the public hearing. It was moved by Mayor Pro Tem Verlato, seconded by Council Member Cao, and carried on a roll call vote to confirm the Los Angeles County Agricultural Commissioner’s Weed Abatement Charges and order the County Auditor to enter the amounts of the assessment against the subject properties as they appear on the current assessment roll. AYES: Verlato, Cao, Kwan, Wang and Cheng NOES: None ABSENT: None b. Resolution No. 7477 approving Appeal No. 22-06, overturning the Planning Commission’s denial of a new, two-story, cape cod style single-family home with a categorical exemption under the California Environmental Quality Act (“CEQA”) at 1225 Oaklawn Road. CEQA: Exempt Recommended Action: Adopt Planning Services Manager Graham presented the Staff Report. Mayor Cheng opened the public hearing and requested that any speakers in opposition state what could be changed about the project to alleviate their concerns. 3 02-21-2023 Susan Hou, the Appellant and owner of 1225 Oaklawn, appeared and shared that she has been living in Arcadia for 30 years and would like to enjoy her new home. Johnny Hou, the Appellant’s son, appeared and indicated that his parents migrated from Taiwan and worked hard for their home, and he would like his parents to have a larger home that they may enjoy with their grandchildren. Philip Chan, the project architect for the Appellant, appeared and made a presentation on the project. He commented on similar styled homes that have been approved on the same street; he indicated that they have changed the style and layout of the home to meet the requests of the Santa Anita Oaks Architectural Review Board (ARB) and came up with the traditional Cape Cod style that has been presented. In response to Mayor Pro Tem Verlato’s question about the Appellant’s desire for a two-story home, Mr. Hou explained that his parents wanted to maintain a large back yard space and chose a two-story design over a larger one-story layout. Sara Etemadi, legal counsel for the Appellant, indicated that her clients have exceeded the design requirements and requests from the ARB in terms of the home’s setback, visually reducing the dominance of the second story, and shrinking the maximum allowable floor area ratio by changing the design of the project. Dr. Shirley Chi, an Arcadia resident, appeared and noted that the appellant’s home is owned by 800 Hampton LLC., which is an investment entity; she indicated that she would be in support of the project if the second story was set back more. Jill Hisey, an Arcadia resident, appeared and noted that the subject project has started encroaching on the easement behind the property. She indicated her concerns that the second story will overlook her property and reduce her privacy and enjoyment of her backyard. In response to Mayor Cheng’s inquiry, Ms. Hisey stated that she would like the Appellant to reinstall the fence around the easement area and not encroach on their property. She also noted that the subject property has been vacant for 2 years. Karen Jacobson, an Arcadia resident, appeared and indicated that she would be in support of the project if the second story was set back further. Kevin Lai, Managing Director of CaliLand Engineering, Inc. and retained by Dr. Chi, appeared and stated that the two-story proposed project is not compatible with the neighborhood. He asked the City Council to vote in opposition of the project and proposed the Appellant build a single- story dwelling. Pete Olsen, an Arcadia resident and former president of the Homeowners Association and member on the ARB, appeared and explained he is in support of the Planning Commission’s decision to deny the project. David Sullivan, an Arcadia resident, appeared and shared his opposition to the project. Mr. Sullivan indicated that the proposed home is not harmonious with neighboring homes and urged the City Council to concur with the decision of the Planning Commission. Tom Walker, an Arcadia resident and member of the Santa Anita Oaks ARB, appeared and noted his opposition to the project due to the incompatibility of the project and the existing neighborhood. 4 02-21-2023 In response to an inquiry from City Manager Lazzaretto regarding the ARB’s discussion of the project, Mr. Walker indicated that there was a split on the ARB, but the Board ultimately approved the project with stipulated conditions. Annette Wheat, an Arcadia resident and current President of the Santa Anita Oaks Homeowners Association, appeared and explained her opposition to the project. Public comment concluded and Mayor Cheng invited the Appellant to respond to any of the questions or concerns raised by the various speakers. In response to Mayor Cheng, Philip Chan noted that the homeowner has been willing to make changes to the design and remains such with any additional feedback from the City Council. In response to Mayor Pro Tem Verlato’s comments, Mr. Chan explained that he has repeatedly redesigned this project to meet guidelines and the requested changes from the ARB; and he indicated that he hopes to find a happy medium for the property owners and the neighborhood. In response to Council Member Kwan, Ms. Hou explained that she would prefer a 2-story home rather than a larger single story. She also noted that the property is owned by an LLC as they had a previous home under an LLC, and when they decided to sell that home they had to do a 1031 Exchange; therefore the home was put under the LLC. Mayor Cheng closed the public hearing. After City Council discussion, a motion was made by Council Member Cao and seconded by Council Member Kwan to table the public hearing for 42 days to allow the property owner time to work with the ARB on finding acceptable compromises and to bring back the item on the first City Council meeting in April. The motion passed on the following roll call vote: AYES: Cao, Verlato, Kwan, Wang, and Cheng NOES: None ABSENT: None City Attorney Maurer noted that with City Council’s action on this item tonight, it serves as a continuation of the item. He noted that since the Public Hearing was closed at this meeting, the Mayor can choose to reopen the Public Hearing at the April 4, 2023, City Council Meeting, if desired, or not. c. Resolution No. 7479 updating the City’s Business License fees to reflect the changes in the Consumer Price Index (“CPI”) for 2023. CEQA: Not a Project Recommended Action Adopt Acting Business License Officer Smith presented the Staff Report. Mayor Cheng opened the public hearing. No one appeared. Mayor Cheng closed the public hearing. Attachment No. 4 Attachment No. 4 Updated Arborist Report, dated March 27, 2023 1225 Oaklawn Rd Arcadia, CA 91006 Prepared for: Philip Chan c/o PDS Studio 711 First Ave Arcadia, CA 91006 Arcadia, CA 91006 Original report October 12, 2021 Inspection & revised report March 27, 2023 Prepared by: Javier Cabral Consulting Arborist International Society of Arborists # WE- 8116A 1390 El Sereno Ave Pasadena, California 91103 (626)818-8704 jctcabral@sbcglobal.net Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 March 27, 2023 Javier Cabral / Consulting Arborist Pg. # 1 Table of contents Summary ------------------------------------------------------------------ pg. 3 Background and assignment Summary ------------------------------- pg. 3 Google Earth Image & Site Conditions ------------------------------- pg. 4 List Inventory ------------------------------------------------------------- pg. 5 Site Plan With Trees ----------------------------------------------------- pg. 6 & 7 Tree Pictures -------------------------------------------------------------- pg. 8 thru 20 Protection Guidelines ---------------------------------------------------- pg. 21 thru 27 Arborist re-inspection On March 27, 2023 --------------------------- pg. 28 Certificate of performance & Disclosure Statement ----------------- pg. 29 Arborist Signature Page ------------------------------------------------- Pg. 30 Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 2 Summary Mr. Chan, You have retained my consulting arborist services to provide a tree inventory and protection plan for the property described as 1225 Oaklawn Rd. Arcadia, CA 91006. You are in the planning and permitting process of demolishing the existing single-family home and redeveloping the property with a new two-story single-family home. The proposed demolition and construction is expected to have minimal impact to the protected trees that will remain due to the distance of excavations, trenches, and footings to the tree trunks. A complete tree protection plan will be included to protect above and below ground tree parts from physical damage, soil compaction, and chemical damage. Background and assignment Mr. Chan has requested that I provide the following arboricultural services. 1) Identify all significant trees and protected trees on the property and label them on the architectural drawings as provided to the arborist by Mr. Philip Chan. 2) Evaluate the current health of the trees and possible impacts of the proposed construction based on the provided site plan and make recommendations. 3) Provide a tree protection plan that will help ensure the short and long term health of the protected trees that will remain during and after construction activities are completed. The following report is based on my site visit on February 23, 2020 and my analysis of the trees, site plan, and surrounding landscape. For the purpose of this report I will address these trees as Trees # 1 thru 12. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 3 Site conditions A one-story single-family home currently exists on this property located 1225 Oaklawn Rd. Arcadia, CA 91006. 1) There are (12) total trees on the subject property of which 5 trees are protected by the City of Arcadia Tree Protection Ordinance due to their location and species. 2) There are no protected trees proposed to be removed. Google Earth Image Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 4 General Tree Condition Rating Guidelines (one or more of the below mentioned defects may not be present but one or more may be so extensive that it may downgrade a tree that would otherwise qualify for example, a (C) grade to a (D) grade due to the severity of the defect. As the consulting arborist I will make any annotation when the aforementioned conditions are the case so that the grade is better understood. Each tree will be rated as an individual tree with its structure, canopy, and root system. List Inventory pg. 1 Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 5 A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species. B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected. C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color, moderate structural defects that might be mitigated. D) – A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural defects that cannot be abated. F) – A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive structural defects that cannot be abated. Site Plan With Trees (Full scale) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 6 Site Plan With Trees (cropped) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 7 Trees # 1 thru 3 (facing southwest) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 8 Tree # 3 (facing south) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 9 # 3 Coast live oak Dbh = 16+55 in. Sparse canopy Tree # 3 (facing east) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 10 # 3 Coast live oak Dbh = 16+55 in. Large fungal conk was removed here Fungal conk here Fungal conk here Dead cracking bark throughout the lower trunk Tree # 3 (facing east) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 11 # 3 Coast live oak Dbh = 16+55 in. Dead discolored wood underneath the dead bark Tree # 4 (facing west) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 12 # 4 Coast live oak Dbh 20+24 in. Tree # 5 (facing southwest) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 13 #5 Carolina cherry Dbh = 8 in. Above ground decaying root Above ground decaying root Tree # 6 (facing west) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 14 # 6 Lemon Dbh = 1+1+1+1+2+2+3 in. Tree # 7 (facing north) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 15 # 7 Orange Dbh 1+1+1+2+2+2+3+3+3 in. Tree # 8 (facing west) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 16 # 8 Shamel ash Dbh = 4+10 in. Tree 9 (facing south) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 17 # 9 Coast live oak Dbh = 29 in. Tree # 10 (facing southwest) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 18 # 10 Pecan Dbh = 13 in. Tree # 11 (facing east) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 19 # 11 Crape myrtle Dbh = 2+2+3+4+5+5+6+7 in. Tree 12 (facing east) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 20 General Tree Protection Plan 1) Avoid damaging the roots, stem, and branches with mechanical and manual equipment. No roots shall be severed within the Tree Protection Zone “TPZ” which is the same as the area within the Tree Protection Fencing “TPF.” Roots greater than two inches in diameter outside of the TPZ shall be cleanly severed with a sharp tool such as a hand saw or manual pruners. 2) Avoid soil compaction by prohibiting the use of heavy equipment such as backhoes and bobcats under the tree drip line. If access within the TPZ is required during the construction process, the route shall be covered in a 6 inch layer of mulch in the TPZ and the area shall be aerated and fertilized at the conclusion of construction. 3) Do not store or park tools, equipment, vehicles, or chemicals under the tree drip line. No equipment or debris of any kind shall be placed within the TPZ. No fuel, paint, solvent oil, thinner, asphalt, cement, grout, or any other construction chemical shall be stored or allowed in any manner to enter within the TPZ. 4) Avoid washing of equipment and tools such as wheel barrels, shovels, and mechanical motors under the tree drip line. 5) Prevent flooding and pooling of service water under the drip line. Grade changes that will flood the TPZ are prohibited unless a drainage plan is implemented. No grade changes within the TPZ shall be allowed. 6) Avoid cutting tree roots whenever possible. This can sometimes be accomplished by bridging roots, tunneling, or radial trenching. If roots must be cut use a sharp tool that will make a clean flush cut and not tear the roots. If possible all digging under the tree drip line should be done manually to avoid tearing out of roots. Roots outside of the TPZ may be cleanly severed vertically with a sharp garden tool. 7) Do not raise or lower the grade within the tree protection zone of any protected trees unless approved by the project arborist. Roots greater than 1 inch in diameter that are exposed or damaged shall be cut with a sharp tool such as a hand saw, pruners, or loppers and covered with soil in conformance to industry standards as soon as possible. If any work is required within the TPZ the Arborist shall be consulted previous to beginning. The Arborist shall be contacted as soon as possible to arrange for a timely inspection and prevent delays. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 21 8) Protection fencing shall be 5 to 6 ft. high chain link freestanding panels or secured to posts driven into the ground. There shall be no entry gates into the protected zones. The protection fencing shall be in place before demolition begins and shall only be removed or reduced when all heavy equipment such as back-hoes, bobcats, loaders, and other heavy equipment with tires and tracks will not be required. Fencing can be adjusted or sections reduced or removed as the project advances into the landscaping phases of the project. The consulting arborist shall be contacted if there are doubts about the placement or removal of fencing. 9) Landscape preparation & excavation within the TPZ shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. No attachments or wires other than those of a protective or non-damaging method shall be attached to a protected tree. 10) Construction personnel should be briefed on the importance of the guidelines before construction begins and reminded of it during tailgate meetings and as necessary. A printed copy should be posted where employees can be reminded of it. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 22 Site Plan With Protection Fencing (cropped) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 23 Site Plan With Demolition & Excavation Notes (Cropped) Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 24 Tree # 1 Holly oak Protection Details a) Structural excavation and over-excavation: Tree # 1 is a very long distance from structural excavations and no work is proposed anywhere near the drip line. Impact is expected to be be zero. b) New driveway: The new section of driveway adjacent to this tree is proposed in the footprint of the existing driveway and the impact to this Oak tree from the new driveway is expected to be minimal to zero. c) New Landscaping: The removal of the existing plants and ground cover under the drip line of this tree shall be done manually with manual tools only to prevent severe root disturbance and damage. d) New Sprinklers: No broadcast trenching for sprinklers shall be performed within 12 ft. of the edge of the tree trunk on all sides of this tree. The sprinkler water shall not wet the trunk of this tree to prevent fungal infection from persistent trunk moisture. e) Canopy pruning: No pruning of this tree will be required to complete the proposed construction project. f) Root pruning: Roots within 12 ft. from the trunk that are encountered for the proposed driveway and sprinkler excavations shall be cleanly severed in a vertical position. g) Protection Fencing: shall consist of 6 ft. high chain link free standing panels and shall be in place before any works begins including demolition. All protection fencing may be removed or reduced when all heavy equipment and major construction is completed and landscaping is ready to be installed. h) Maintenance: During the hot summer months this tree shall be watered as needed until the sprinkler system is installed and working. i) Encroachment impacts: This project is expected to have a minimal to zero impact on the short- or long- term health of this tree and it is expected to survive in good health if the protection recommendations are followed and adhered to. minimal impact means that no roots greater than two inches are expected to be impacted and no interruption to water uptake or nutrient production, transportation, or storage. Tree stability and anchorage, trunk, branch, and leaves are not expected to be impacted. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 25 Trees # 2 thru 4 Coast live oak trees Protection Details a) Structural excavation and over-excavation: Structural excavations do not encroach into the drip line of the canopy of Trees # 2 & 3. The structural excavations for the front of the house encroach slightly into the drip line of Tree # 4 but the impact is expected to be minimal because the foundations are very close to the existing foundations where roots disturbance is expected to be minimal. b) New driveway: The new section of driveway adjacent to these trees is at a distance that is acceptable and the impact to these Oak trees from the new driveway is expected to be minimal to moderate. c) New Landscaping: The removal of the existing plants and ground cover under the drip line of this tree shall be done manually with manual tools only to prevent severe root disturbance and damage. d) New Sprinklers: No broadcast trenching for sprinklers shall be performed within 12 ft. of the edge of the tree trunk on all sides of these trees. The sprinkler water shall not wet the trunk of this tree to prevent fungal infection from persistent trunk moisture. e) Canopy pruning: No pruning of these trees will be required to complete the proposed construction project. f) Root pruning: Roots encountered during the excavation for the new circular driveway shall be cleanly severed with a sharp tool and cut in a vertical position. g) Protection Fencing: shall consist of 6 ft. high chain-link free-standing panels and shall be in place before any works begins including demolition. All protection fencing may be removed or reduced when all heavy equipment and major construction is completed, and landscaping is ready to be installed. h) Maintenance: During the hot summer months these trees shall be watered as needed until the sprinkler system is installed and working. i) Encroachment impacts: This project is expected to have a minimal to moderate impact on the short- or long-term health of this tree and it expected to survive in their existing health if the protection recommendations are followed and adhered to. Moderate impact means that roots greater than two inches are expected to be impacted but no interruption to water uptake or nutrient production, transportation, or storage. Tree stability and anchorage, trunk, branch, and leaves are not expected to be impacted. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 26 Tree # 9 Coast live oak trees Protection Details a) Structural excavation and over-excavation: The proposed new house encroaches slightly into the drip line of this Oak tree. Impact is expected to be minimal. b) New Concrete Patio & Swimming Pool: The edge of the excavation for the proposed concrete patio and proposed swimming pool on the side of the tree trunk shall be manually excavated as described on pg. # 25. c) New Landscaping: The removal of the existing plants and ground cover under the drip line of this tree shall be done manually with manual tools only to prevent severe root disturbance and damage. d) New Sprinklers: No broadcast trenching for sprinklers shall be performed within 12 ft. of the edge of the tree trunk on all sides of these trees. The sprinkler water shall not wet the trunk of this tree to prevent fungal infection from persistent trunk moisture. e) Canopy pruning: No pruning of this tree beyond the removal of dead wood will be required to complete the proposed construction project. f) Root pruning: Roots encountered during the excavation for the new concrete patio and swimming pool shal be exposed and cleanly severed with a sharp vertical cut. g) Protection Fencing: shall consist of 6 ft. high chain-link free-standing panels and shall be in place before any works begins including demolition. All protection fencing may be removed or reduced when all heavy equipment and major construction is completed, and landscaping is ready to be installed. h) Maintenance: During the hot summer months this tree shall be watered as needed until the sprinkler system is installed and working. i) Encroachment impacts: This project is expected to have a minimal impact on the short- or long-term health of this tree and it expected to survive in good health if the protection recommendations are followed and adhered to. minimal impact means that no roots greater than two inches are expected to be impacted and no interruption to water uptake or nutrient production, transportation, or storage. Tree stability and anchorage, trunk, branch, and leaves are not expected to be impacted. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 27 Arborist Inspection March 27, 2023 On March 27, 2023 I Javier Cabral Consulting Arborist inspected all of the protected trees on this property and found that they are all in the same condition as my previous inspection on February 23, 2020. In regard to Tree # 3 Coast live oak it is also in the same condition. Although this tree is rated a condition rating of D in my report due to a column of decay on one side of the tree it still has a lot of sound roots and major trunks that are either unaffected or the impact is minor. Long term the cavity is expected to have major impact to the tree health but short to medium term is expected to be minor. It is my recommendation that this tree should be evaluated by a certified arborist every 5 years. No mitigation measures are recommended at this time. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 March 27, 2023 Javier Cabral / Consulting Arborist Pg. # 28 Certificate of Performance & Limiting Conditions I Javier Cabral certify the following: • No warranty is made, expressed or implied, that problems or deficiencies of the trees or the property will not occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any tree defects, and assume no responsibility for the correction of defects or tree related problems. • The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or seek additional advice if the owner decides not to accept the Arborists findings or recommendations. • The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions contained in the Arborist report are independent and object ive judgements of the Arborist. • The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of said property. The opinions are based on knowledge, experience, and education. • The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual arrangements for additional fees to the Arborist. • The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any recommendations based on inaccurate information. • This Arborist report may not be reproduced without the expressed written permission or the Arborist and the client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report. • Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, make recommendations to prevent or minimize damage to trees during and after construc tion projects, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. • Arborists cannot detect every condition that could possibly lead to the struc tural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. • Treatment, pruning and removal of trees may involve considerations beyond the scope of the arborist’s services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. • Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 March 27, 2023 Javier Cabral / Consulting Arborist Pg. # 29 Philip Chan “PDS Studio” 1225 Oaklawn Rd. Arcadia, CA 91006 October 12, 2021 Javier Cabral / Consulting Arborist Pg. # 30 Attachment No. 5 Attachment No. 5 City Council Staff Report dated February 21, 2023 and late public comments Planning Commission Staff Report, dated November 22, 2022 and attachments can be found here: https://cms9files.revize.com/arcadia/11-22-22%20PC%20Agenda%20Packet.pdf Resolution No. 2111 can be found here: https://laserfiche.arcadiaca.gov/WebLink/DocView.aspx?id=840758&dbid=0&repo=Cityo fArcadia Page 1 of 1 Expert Declaration of Kevin Yoon Lai in Opposition of Developer’s Application for Two Story Dwelling EXPERT DECLARATION OF KEVIN YOON LAI I, Kevin Yoon Lai, declare as follows: 1. I am licensed in California as a Registered Civil Engineer (RCE) (RCE License #60565) and as Professional Land Surveyor (PLS) (PLS License #8886). 2. I am the Chief Operating Officer of CaliLand Engineering, Inc., a civil engineering and land surveying consulting firm based in the County of Los Angeles. 3. I have been retained by Dr. Shirley Chi (hereinafter, “Neighbor”) in this matter to investigate a building height and perform a field survey related to neighboring properties located at 1225 Oaklawn Road, Arcadia, CA 91006 (Lot 10 of Tract No. 14656) and 1215 Oaklawn Road (Lot 9 of Tract No. 14656) Arcadia, CA 91006, (collectively, “properties”). 4. I submit this declaration in support of Neighbor's application to bar 1225 Oaklawn Road, Arcadia, CA 91006 (Lot 10 of Tract No. 14656) owner from building a massive two story dwelling. 5. I have performed a thorough investigation into this matter, which included but was not limited to, reviewing and analyzing recorded tract maps, survey field notes pertaining to the properties, reviewing and analyzing plans submitted by owner of 1225 Oaklawn Road, and performed field surveys. 6. I have formed the below expert opinions in this matter: MASSIVENESS OF PPROPOSED BUILDING 7. Upon my physical surveys along said neighbors, it is my expert opinion that the proposed two story dwelling on 1225 Oaklawn Road is massive compared to the neighbors’ dwelling as demonstrated on my attached Survey Map/Roof Ridge Profile. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 22, 2022 in Los Angeles County, California, Kevin Yoon Lai Tom Walker Resident of Oak Meadow Rd ARB chair but commenting not as a member of the ARB but as a neighbor Comments to be presented at city council meeting on 2/21/2023 1225 Oaklawn 1. Beautiful home that would fit nicely on other streets in the Oaks. The design form is easily identified and consistent. 2. However, the home is not compatible in the context of this specific streetscape with the following sections of the SFR guidelines (See illustrations below): a. 1.c – Existing neighborhood pattern is low and horizontal. The homes are not tall and pointed. There are no high steep gables. Things like horizontal siding, tall windows, wainscotting, and faux shingles are only design details and don’t affect the style. b. 1.f – Greater 1st floor area and additional setback when single story homes surround. The 2nd floor is 52% of first and is only 8’ setback from the first. This doesn’t represent additional setback. c. 2.i – Second story should be to the rear of the home. Second floor is only 8’ setback from the first and extends all the way to the rear of the home. d. 3.c – Should not have height and bulk at the front of the property. Several large gables in front and massive steep roof facing street put the height and bulk at the front. e. 6.d – 2nd floor mass should be set back. The 2nd floor mass is centered on the 1st floor – This can be seen in Figure 3 of Resolution 7477 f. 6.j – Size and bulk should complement neighborhood. Home is 13’ taller than surrounding homes with that height starting near the front of the house. g. 7.b – Roof forms similar to surrounding homes. Steeply pitched roof versus low pitched. 3. Designer objectives to maximize square footage can be achieved with a different design. Appellant references 1311 Oaklawn, recently approved, which is a perfect example of a home that maximizes square footage but uses a design that is more compatible and harmonious with the streetscape and meets the SFR guidelines. 4. 1311 Oaklawn a. Similar FAR to this project – Goal of maximizing square footage achieved in both. b. Pool house constitutes 360’ of the total FAR. Main house is 88% of FAR. c. Second floor is less than 50% of the first floor. d. Second floor is setback 45’ from the first floor (See illustrations below) e. Low and horizontal design form with low pitched roof is much more compatible with single story ranch homes. 1225 Oaklawn 1311 Oaklawn Front Front 8’ setback 45’ setback Attachment No. 6 Attachment No. 6 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: March 24, 2023 Staff: Fiona Graham, Planning Services Manager 1. Name or description of project: A new two-story, Traditional-style house with an attached garage, and several covered porches at 1225 Oaklawn Road 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): 1225 Oaklawn Road, Arcadia, CA 91006 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 800 Hampton LLC (2) Address 1165 Altura Terrace, Arcadia, CA 91007 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: 15303(a) – Construction of a new home 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: