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RESOLUTION 1467
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, DENYING MP 91-003 TO
CONSTRUCT A 7,202 SQUARE FOOT TWO-STORY HOUSE
WITH SETBACK AND HEIGHT MODIFICATIONS AT 308
CAMPUS DRIVE.
WHEREAS, on June 17, 1991, application MP 91-003 was filed by Tony Tange,
architect on behalf of Jimmy Au, property owner requesting side yard setback and
building height modifications to construct a 7,202 square foot two-story single-family
dwelling with detached garage at 308 Campus Drive.
WHEREAS, on July 13, 1991, the Planning Commission heard the appeal; and
WHEREAS, as part of the record of this hearing the Planning Commission
reviewed and considered:
a. The staff report and related attachments and
b. All oral presentations and testimony made during the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
Section 1. This Commission finds that the requested modifications do not
secure an appropriate improvement, prevent an unreasonable hardship or promote
uniformity of development. The Commission further finds that the house should
be designed to comply with code and that there is not justification for granting the
modifications.
Section 2. That for the foregoing ~easons this Commission denies MP 91-003
for setback and height modifications for a new two-story dwelling.
Section 3. The decision and findings contained in this Resolution reflect the
Commission's action of July 23, 1991 and the following vote:
AYES: Commissioners Amato, Daggett, Hedlund, Szany, Clark
NOES: None
Section 4. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 13 day of August, 1991 by the
following vote:
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1441
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AYES:
NOES:
ABSENT:
ATTEST:
Commissioners Amato, Hedlund, Szany, Clark
None
Commissioner Daggett
C irman
Panning Commission
ir1JJ~~A~
Secretary, Planning Commission
City of Arcadia
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1441
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July 23, 1991
TO: ARCADIA CITY PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR
SUBJECT: MP 91-003
308 CAMPUS DRIVE
GENERAL INFORMATION
APPLICANT:
Tony Tang, Architect on behalf of
Jimmy Au, property owner
LOCATION:
308 Campus Drive
REQUEST:
The following modifications to construct a 7,202 square foot two-
story single-family dwelling with detached garage:
1. 9252.2.4. Side yard Setbacks
a. 5'-0" side yard setback along the west property line for
the first floor in lieu of 9'-2" required 00% of the width of
the lot).
b. 14'-3" westerly side yard setback and a 17'-0" easterly side
yard setback for the second floor in lieu of 18.4' required on
each side of the dwelling (20% of the width of the lot).
c. Detached garage to have a 5'-0" side yard setback along
the east property line in lieu of 9.2' required.
2. 9252.2.1. Building height of 33'cO" in lieu of 30'-0" allowed.
Chimneys to be 38:l:' in lieu of 32'-0" allowed.
3. 9252.2.4.(3). Fireplace to encroach 2'-0" into the requested
5'-0" westerly side yard setback in lieu of 1'-0" allowed.
LOT AREA:
Approximately 22,133 square feet
FRONT AGE:
92.03' on Campus Drive
MP 91-003
July 23, 1991
Page 1
EXISTING LAND USE. & ZONING:
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The subject property is developed with a single-family dwelling zoned R-O
SURROUNDING LAND USE & ZONING:
Property to the north is developed with the County Golf Course. Properties to
the, south, east and west are developed with single-family dwellings; zoned
R-l
GENERAL PLAN DESIGNATION:
Single-family residential 0-6 du/ac
BACKGROUND
On August 7, 1990 the City Council approved Text Amendment 90-006 approving
new setback and height regulations in the R-O,R-M and R-l zones. In order to
allow persons adequate time to submit plans for new homes or additions, the City
Council established a deadline date of October 4, 1990 for plans to be submitted to the
Arcadia Building Department for plan check based upon the old codes. All plans
submitted after October 4 were required to comply with the new regulations.
. On September 27, 1990, Tony Tang submitted plans for a new dwelling at 308
Campus Drive. The plan was reviewed by the Planning Department on September
28 and returned to the Building Department with corrections (building height,
fireplace encroachment, front setbacks, etc.). The plans were submitted to C.D.S. the
City's structural engineer on September 27, 1990 for review.
CD.5. mailed the plans to the architect with a list of corrections on October 18, 1990.
Plan checks are good for 180 days, the plan check would expire on March 26, 1991.
The plans were never resubmitted to the City with the necessary corrections.
On April 19, 1991, the Building Division sent a letter to the architect advising him
that the plan check had expired.
PROPOSAL
The applicant is proposing to construct a two-story 7,202 square foot two-story home
with a detached 768 sq. foot garage. The first floor contains 4,284 sq. ft. and the
second floor contains 2,918 sq. ft. The lot coverage, including the covered patio
areas, garage and guest house/storage room is 33.8%:l:. Code allows a maximum lot
coverage of 35%
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MP 91-003
July 23, 1991
Page 2
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Requested Modifications:
Pro.posed
v
Allowed
Dwelling Height
Chimney Height
30'-0"
32'-0"
33'-0"
38:t'
Side Yard Setbacks
First Floor
5'-0" - west
13'-0" - east
9.2"
9.2"
Second Floor
18.4'
18.4'
14'-3" - west
17'-0" - east
Fireplace Encroachment
into side yard
2'-0"
1'-0"
Detached Garage
The dwelling is proposed to be 33'-0" in height which complies with the old
regulations based on the sliding scale for lot width. However, the chimneys as
shown do not comply with either the existing or old regulations. Under the old
regulations, chimneys were required to comply with the overall building height of
33'-0".
5'-0" - east side
9.2"
The new regulations allow a maximum building height of 30'-0". Chimneys may
extend 2' above the roof line if necessary to comply with building code
requirements.
Setbacks
Front and Rear Yard Setback
The front yard setback ranges from 34-0" to 49'-0" (not including the second floor
balcony encroachments into the front yard). There is a special setback along Campus
Drive of 70'-0" from the center line of the street (32.5' from the property line). In
addition, Section 9252.2.2. states in part:
"...where lots comprising 60% or more of the frontage in a block are
developed with larger front yards, the front yard for a lot proposed for
development shall be the average of the two (2) nearest developed lots at the
time a building permit is issued."
The plans do not indicate the front setback of adjoining properties. There is
insufficient information on the plans to determine if the front setback complies
MP 91-003 .
July 23, 1991
Page 3
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with code; however, the lot has adequate' depth to move the proposed house back if
necessary.
The new structures comply with the required 25'-0" rear yard setback.
Side Setbacks
Based upon the new code requirements, the house does not comply with either the
first or second floor setback requirements, as set forth above.
Also, the 5'_0" easterly side yard setback for the garage does not comply with the
required 9.2" side yard setback.
Since 1988 we have allowed a maximum 1'-0" encroachment into the required side
yard setback for fireplaces. The applicant is proposing a 2'_0" encroachment.
ANALYSIS
The applicant is requesting modification to plans which were submitted in
September, prior to the new building height and side yard setback regulations. The
plans have never been approved because they did not even comply with the
regulations in force at that time.
It is staff's opinion that the applicant had adequate time between October 18, 1990
when the plans were returned to the architect for correction and the expiration of
the plan check in March 26,1991 (more than 5 months) to make the necessary
corrections and secure the appropriate buildings permits.
The property is a large parcel of land and there is more than adequate lot width,
depth and area to comply with the new regulations. Although it may be somewhat
of an economic hardship to prepare new plans which comply with code, it is staff's
opinion that this request does not meet the following criteria for granting a
modification:
1. Secure an appropriate improvement; or
2. Prevent an unreasonable hardship (non-economic); or
3. Promote uniformity of development
Attached for the Planning Commission's' consideration are a letter from an
adjoining neighbor in opposition to the proposed modifications; a land use map and
a site plan, floor plan and exterior elevations.
FINDINGS
The Planning Commission may:
MP 91-003 .
July 23, 1991
Page 4
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1. Approve the requested modification and plans as submitted; or
2. Approve the requested modification and plans subject to the following
changes (for compliance with the old code requirements), or
a. Reduction of the chimney heights to 33'-0".
b. Fireplace encroachment to be a maximum of 1'-0" into the required side
yard setback.
3. Deny the modification and no further action is necessary.
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MP 91-003
July 23, 1991
Page 5
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USE AND ZONING
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RECEIVED
JUL 1 7 1991
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CtT'f 01" ARCADIA
PLANNING Ol!Pf.
Arcadia, Ca~ifornia
July 15, 1991
City of Arcadia Flanning Co~~is~ion
240 W. Huntington Drive
Arcadia, ca., 91006
Re: Uodification VW91-003
Froperty: 308 Campus Drive
Gent lemen:
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Regarding the application for modification
of the above property, I strongly urge that
all of these modifications be denied. Although
I am sure the new home will be beautiful, it
seemt to me that more than ample time was given
to comply with the previous restrictions, Since
this was not done, I feel it would be in the
city's best interest to deny any modifications
now. With a 7200 square foot house this should
be a very minor problem to scale down the.~lans
to sufficiently meet the present code. "-
Along ','lith most Arcadians, I am more than
pleased ~Ii th the ne\-r standards you have so
wisely set which will definitely improve Arcadia's
image, and request that the above modifications
be denied.
:
Yours very truly,
cr~~
915 Park Avenue
Arcadia, ca.,91007
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RECEIVED
JUL 1 7 1991
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CITY OF ARCADIA
PLANNING OEPT.
Aroadia, California
July 15, 1991
City of l.rcadia PlanninG CO~1is~iDn
240 ~'r, HuntinGton Drive
Arc~dia, Ca., 91006
Re: ;.;odificat1cm :.IF9l-003
property: 308 Campus Drive
Gentlemen:
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Regardln3 tbe applicatiDn for modification
of the above property, I strongly urge that
all of these ~odifications be denied. Although
I am sure the new home v/ill be beautiful. it
a€~Qt to me that more than ample time was 3iven
to comply ~ith thE ?revious restrictions, Since
this was not done, I feel it ~ould be Ie the
city's best interest to ceny any modific~tions
nO\'1. '.nth e. 7200 square f.)ot house this should
"!:le 11 very minor ;;roblem to scale dOVIU the ple.ns
to sufficiently ~Eet thE present code.
Aloa:;s \11th :Jost Arccdians, I am :Dore th".n
,leased ,'lith the ns'! standards you havE. so
~ioely set ~h:ch ~ill definitely improve Arcadia's
iD~~e, a~f re~uest t~ot t~6 sbove IDodificctions
be denied,
Yours very tr~ly.
CG: ~.~
915 Perk AVEnue
Arcadia, ca,,9l007
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